The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The Prosecutor’s gist of the grounds for appeal is unreasonable as the punishment (exemption from punishment) of the lower judgment is too unfasible.

2. The Defendant’s mistake is against himself, and the punishment for the instant crime should be determined in consideration of equity in the case where the Defendant makes a judgment concurrently with the crime of fraud and extortion recorded in the criminal records stated in the judgment of the original court that became final and conclusive

However, the crime of this case is a so-called "Sishing" crime, which took part in multiple unspecified victims' money systematically and professionally after taking part in the crime of this case according to a thorough plan. The social harm is very high in the case of the crime of this Boishing, and since the crime of this Boishing is committed in a variety of ways through the participation of subordinate employees as well as the total liability, it is also necessary to punish subordinate employees' participation in the crime of this case. In addition, the defendant plays a significant role in the crime of this case, such as the role of "cash withdrawal" and "fund remittance", and the crime of this case has been committed several times against many victims for a considerable amount of time, as well as the amount of damage is considerably large. In full view of the various sentencing conditions in the records and arguments of this case including the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case and the circumstances after the crime, the court below's punishment is too unfair.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor'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 it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;