The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

except that this judgment.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant by taking part in the crime of telephone finance fraud and loan fraud, causing a large number of victims, which is not good quality of the crime, and the total amount of fraud was reasonable, but has not been restored to a considerable portion of the damage so far, and the Defendant did not reach an agreement with the victims, and the Defendant has a record of having been punished several times including the suspended sentence of imprisonment due to the crime of this species, which is disadvantageous to the Defendant.

However, there are circumstances that can be considered for the defendant, such as the fact that the defendant fully recognized the crime of this case and against the mistake, that the degree of the defendant's participation in the crime of telephone financing fraud is not significant, and that the amount of profits gained therefrom seems to fall short of the amount of fraud, that should be considered at the same time as the judgment is imposed on the crime of violating the Electronic Financial Transactions Act, which became final and conclusive in the judgment of the court below, and that the defendant deposited KRW 13 million, which is equivalent to the amount of profits actually acquired by the defendant, for the purposes of the Nonghyup Bank as the victim of the crime of loan financing fraud, in particular

In addition, comprehensively taking account of the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive, means, and consequence, the sentence of the court below seems to be somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

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 reasonable, and the following decision is rendered after pleading.

【Grounds for another judgment: Defendant A’s criminal facts and summary of evidence recognized by this court are as follows: Defendant A’s criminal facts of the lower judgment and summary of evidence are as follows: “Singman on September 1, 2016” as “Singman on September 1, 2015.”