The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and four months of imprisonment) is too unreasonable.

2. 판단 피고인이 피해자들 과의 신뢰를 이용하여 타인에 대한 채무 변제 명목으로 돈을 빌리는 등 소위 돌려 막 기 방식으로 사기 범행을 저질렀고, 편취 금을 생활비 및 도금( 賭金 )으로 사용하여 죄질이 좋지 않은 점, 피해금액이 상당한 점, 피고인은 불법적 용도로 사용된다는 정을 알면서도 접근 매체를 대여하였고 위 접근 매체가 보이스 피 싱 사기 범죄에 이용되어 실제 손해를 입은 사람이 발생한 점 등은 불리한 정상이다.

However, considering the favorable circumstances such as the fact that the crime is recognized and against the victim E and F, the victim E and the defendant have been compensated for part of the damage amount and the defendant has been making continuous efforts to recover the damage amount, the victim E are not wanting to be punished for the defendant, the victim is seeking a prior action, and there is no record of criminal punishment including the same kind of power except for the punishment once by fines, the court below's punishment is somewhat inappropriate because it is somewhat unreasonable.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

【Inasmuch as the original judgment is identical to the facts constituting a crime and the summary of evidence recognized by the court, the summary of the facts constituting a crime and the gist of evidence is identical to each corresponding column of the original judgment, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347 (1) of the Criminal Code (the point of fraud) of the applicable law as to the facts of crime and the choice of punishment.