The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case is a so-called “singishing,” which is planned and organized against many and unspecified persons and booms a large number of victims, and its nature of crime is not very good, and its social harm is also serious. The telephone financial fraud crime, such as “singishing,” such as “sing,” takes part in the conduct of subordinate officers’ participation as well as the total liability, and there is a great need for strict punishment for such an act of taking part in the crime of this case. The degree of Defendant’s participation is not easy, such as the Defendant’s participation in the collection of the amount of damage essential for the completion of the crime in this case, by taking into account the fact that the amount of damage is up to 43 million won, and the damage was not recovered at all, it is inevitable to punish the Defendant.

However, in full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, circumstances after the crime, etc., the sentence of the court below is too unreasonable and unfair, in light of the following: (a) there is a favorable circumstance for the defendant to take into account the equity in the case where the defendant has been tried at the same time as before and after the judgment of the court below; and (b) other factors such as the defendant'

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 347(1) of the Criminal Act concerning the applicable criminal facts and the choice of punishment.