The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) declared by the lower court is too large, and the prosecutor asserts that it is too uneasible and unfair.

2. The judgment of the court below is a crime committed in a systematic, planned, and intelligent manner against many unspecified victims, and it is necessary to severely punish the victim since the nature of the crime is considerably poor and the social harm of the crime is serious. In light of the amount of damage in this case, the role and degree of involvement of the defendant, and the fact that the defendant did not take any specific measures to recover the damage inflicted upon the victim after the crime in this case, the punishment imposed by the court below is too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is justified, and the defendant's argument is without merit.

3. In conclusion, the prosecutor'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 it is again decided as follows after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a prosecutor is accepted and the judgment of the court below is reversed, the appeal by a defendant shall not be dismissed separately from the disposition of the court below.”

Application of Statutes

1. Relevant Articles 347(1) and 32 of the Criminal Act concerning criminal facts; the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;