The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (one year, six months of imprisonment and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. The crime of this case is an attempted case by taking about 50 victims of 50,000 won in total or withdrawal from the crime of this case. In light of the fact that the defendant led the victims to commit the crime using a sense of shame and uneasiness, fraud amount, and crime, the crime of this case is not good.

B. Meanwhile, there are extenuating circumstances, such as that the Defendant did not go against the previous conviction and sentence in addition to the one-time fine imposed on the Defendant, and led to a confession of the Defendant, and that the Defendant agreed to pay 1,5920,000 won to 15 victims who can communicate in the first instance court, and that two victims deposited the amount of damage (total 1,370,000 won) to 22 victims in the first instance trial, and that the Defendant’s family members complain of the Defendant’s wife while leading the Defendant.

In addition, comprehensively considering the Defendant’s age, family relation, living environment, circumstances and result of the crime, and circumstances after the crime, the sentence of the lower court is unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 350(1) and 30 of the Criminal Act, Articles 352, 350(1) and 30 of the Criminal Act, Articles 352, 350(1) and 30 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, 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, and Article 38(1)2 and Article 50 of the Criminal Act, the most severe punishment and circumstances;