The judgment of the court below is reversed.

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

The seizure of articles 1 through 10, 14 through 16, respectively.

1. The sentence (12 million won) declared by the lower court on the gist of the grounds of appeal is too unfased and unreasonable.

2. The crime of short-line telephone financing fraud and so-called “singishing” is an unspecified number of victims, and thus, the crime is an organization that has a huge adverse impact on society, and the arrest of the criminal is not easy. Thus, the number of victims or the amount of damage is not more severe than the content of the crime of the defendant, which is the liability to withdraw from the call.

Even if the defendant is seriously punished, it is necessary to punish him.

Furthermore, the defendant committed the crime of this case without being aware of even though he was under suspension of execution.

In addition, in full view of the various sentencing conditions as shown in the records and arguments of the instant case, including the Defendant’s age, sexual conduct, details and contents of the offense, and criminal record, there are some points to consider the Defendant’s agreement with the victim and some motive leading the Defendant to commit the instant offense.

Even if the sentence sentenced by the court below is unfair, it is unfair.

3. Since the appeal by the public prosecutor is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the public prosecutor is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Aiding and abetting fraud of the relevant provision of the Criminal Act concerning the crime: Points of storing an access medium under Articles 347(1) and 32(1) of the Criminal Act: Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act;

1. Article 40 and Article 50 of the Criminal Code of the Commercial Concurrent Crimes (inter alia, between the crimes of violation of each Electronic Financial Transaction Act listed in No. 2 to 4 of the List of Crimes attached to the judgment below, and between the crimes of violation of each Electronic Financial Transaction Act listed in No. 6 to 9 of the List of Crimes).