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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the defendant's mistake and reflects, the defendant's father is a person of distinguished service to the State due to an accident during military service, the father of the defendant suffers from a friendly disorder, the mother suffers from a disease, such as depression, and the defendant also suffers from a disease, such as depression, and it is difficult for circumstances, the sentence of the court below (one year and six months of imprisonment) is too unreasonable.
B. In light of the fact that a new type of crime has been committed over a long period against many and unspecified public prosecutors, which is of significant nature to the crime, the amount of damage is large, the majority of the victims, and the frequency of the crime, the punishment of the lower court is too unreasonable.
2. The instant crime is a case in which the Defendant, along with his accomplices, fabricated a mobile network automatic settlement program file of the mobile service, thereby making the victims settle the mobile service user fee not used by the victims and acquired it or attempted to obtain it.
In light of the fact that the defendant tried to commit the above new method of law and acquired a large amount of money from many victims for a long time, and that there are no many profits from this, the defendant should be punished strictly.
However, in light of the fact that B, Co-defendant B, a co-defendant, returned the amount of damage to a large number of victims, and that part of the damage was recovered, the Defendant returned approximately 680 victims about KRW 840,00 to the majority of the victims, and the amount of damage was difficult to recover from damage due to a small-sum relationship by each victim, and thus, the Defendant donated KRW 51 million to a social welfare organization instead of recovering damage, the Defendant made a contribution of KRW 51,00,000 to the social welfare organization, and the Defendant has never been tried in depth, and there was no criminal record other than the one-time suspension of sentence.
The above circumstances and the defendant's age, character and conduct, environment, and the defendant's crime of this case.