The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year, six months of imprisonment and confiscation) is too unhued and unreasonable.

2. The judgment of the court below was based on the following facts: (a) the crime of Bosing was committed against many and unspecified persons in a systematic and planned manner; (b) the social harm resulting therefrom is seriously punished; (c) the Defendant was aware of the fact that his act was committed from the beginning; (d) the degree of the Defendant’s participation in the crime of this case, such as suggesting documents under the name of the Chairperson of the Financial Services Commission and employee certificates of the Financial Supervisory Commission; and (e) deceiving the victims and receiving direct money from the victims; (e) the Defendant, separate from participating in the crime of Bosing, took part in the crime of Bosing, up to 7,00 won by itself; (e) the sum of the acquired money exceeds 7,00 won; and (e) the number of other crimes and the period of the crime, etc., the sentence of the court below is deemed unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the remainder of the judgment below except the compensation order shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

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

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act (excluding Article 30 in case of a single criminal act), the choice of imprisonment for a crime, and the choice of a sentence;

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

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

1. Various circumstances examined in determining the grounds for sentencing prior to the reasons for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution.