The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The telephone financing fraud crime under the Bosing Act, such as the instant crime, is serious social harm, and is being systematically and systematically performed through the act of sharing roles among the assistants, such as incentives, recruitment books, withdrawal books, and delivery books, and thus, it is necessary to strictly punish a person who participated in the instant crime in any form.

However, in full view of the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant has reached an agreement with the victim; (c) the Defendant has no record of punishment exceeding the same criminal history or fine; and (d) the Defendant’s age, sex, environment, health conditions, and all the sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, health conditions, etc., the lower court’s punishment without penalty is recognized to be unfair

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act (a point of storage of access media), Article 347 (1) and Article 30 of the Criminal Act (a point of fraud) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 32 (1) 1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by Which an application for a compensation order is filed (Article 32 (1) 1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by Which an