The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years of suspended execution, and 200 hours of community service) of the lower court is deemed to be too uneasible and unfair.

2. It is recognized that the crime of “Singing” in which the Defendant participated is highly harmful to society as a whole through planned, organized, and intelligent conduct against many unspecified people who need to pay a higher level of money because of the lack of economic circumstances. The Defendant joined a telephone financial fraud crime organization and played the role of a telephone counselor at the call center in China. It is recognized that the degree of participation in the crime is not easy, and that the amount of damage caused by the Defendant’s participation exceeds KRW 52 million.

However, the objective facts of the crime are recognized and against all the defendant, there is no record of punishment for the defendant as the same crime, there is no record of punishment exceeding the fine, there is no record of criminal punishment exceeding the fine, two months of stay in China and no longer participate in the crime after returning to Korea, and the court below determined the punishment in consideration of the above circumstances, such as the fact that the victims do not want the punishment of the defendant, that there is no actual benefit of the defendant due to the crime of this case, that there is no benefit of the defendant, that there is a relatively clear social relationship such as the family relationship of the defendant, and that the court below determined the punishment in consideration of the above circumstances. It is reasonable to respect the punishment in the case where there is no change in the conditions of sentencing compared with the court of first instance, and the sentencing of the court of first instance does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following circumstances, the lower court’s punishment is imposed, taking into account the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime.