The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. In light of the fact that telephone financial fraud, as described by the court below in the unfavorable circumstances against the defendant, has caused damage to an unspecified number of victims by means of planned and organized, and the social harm is very severe, and that the defendant was in charge of the so-called "phishing" in the crime of this case, and that the degree of participation cannot be less than that of the defendant in the crime of this case, and that other damage has not been completely recovered, it is inevitable to sentence the defendant as to the crime of this case.
However, considering the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable if it is too unreasonable to take into account all the sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;