The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 2 shall be confiscated.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court: (a) taken into account the circumstances that are favorable to the Defendant’s taking account of the fact that: (b) the Defendant took part in the recall of singing crime, which has a great harm to society, such as the massing of unspecified victims and the great damage to social trust; and (c) the Defendant should be punished with heavy and strict punishment; and (d) the Defendant’s profits acquired from the instant crime are not more than the remittance amount; (c) there is no criminal history against the Defendant; and (d) there is no criminal history against the Defendant; and (e) the Defendant is seriously against the Defendant.

However, in addition to the favorable circumstances taken into account by the court below, 6 million won out of 13.3 million won, which was the part of the defendant's direct participation in the collection of the total amount of fraud, has already been restored to the victim, and the remaining 7.3 million won has been changed after the decision of the court below and agreed with the victim, and in full view of the favorable circumstances such as the defendant's age, sex, environment, circumstances leading up to the crime, means and result, scale of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is deemed unfair.

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 ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;