The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

When seized gallons S7.

1. The sentence imposed by the lower court (two years and six months, and confiscation) on the summary of the grounds of appeal is unreasonable.

2. The Defendant participated in the commission of the crime as a matter of duty to collect and deliver the phishing crime.

The phishing crime consists of a systematic and planned crime against many unspecified victims, and its social harm is serious, so it is inevitable to impose severe punishment.

However, all of the crimes of this case are recognized by the defendant, and there is no record of criminal punishment in addition to a fine imposed once for the crime of this case before the crime of this case is committed, and the defendant is a young person of 26 years of age, but it is insufficient to judge that he was unable to lead a proper social life after he retired from middle school with a high school with a heavy challenge, and his social experience seems to lead to the crime of this case, and his father who is not good in health should be neglected, and other various sentencing conditions specified in the records of this case, such as the amount of damage, the background and circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., are considered, and considering various sentencing conditions specified in the records of this case such as the amount of damage

The decision is judged.

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 again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 30 (Crime of Fraud), 352, 347(1), and 30 (Crime of Attempted Fraud) of the Criminal Act, and each choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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