The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. The crime of this case is acknowledged that the defendant took part in the collection and delivery of the damage amount to the Bosing Criminal Organization and acquired a total of KRW 19 million from the victims, in light of the method and content of the crime, etc., the crime of Bosing is very poor; the crime of Bosing is very highly harmful to the society; the crime of Bosing is in need of strict punishment; the defendant did not receive a letter from the victim B.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant expressed his intent that the said victim does not want to be punished against the Defendant by mutual consent with the victim C at the lower court; (c) the Defendant has no record of criminal punishment in Korea; and (d) the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime; (b) the means and consequence of the instant crime; and (c) the equity in sentencing with the same or similar cases as indicated in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s

Therefore, the defendant's above assertion is justified.

3. As such, the part of the judgment below excluding the compensation order among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

[Discied reasoning] Criminal facts and summary of evidence recognized by this court are identical to each corresponding part of the judgment of the court below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes as provided for in the crime of fraud against B with heavier penalty).