The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The punishment of the original court (one year and two months of imprisonment) shall be too unreasonable;

The defendant and his defense counsel explicitly withdrawn misunderstanding of facts on the second trial date.

2. In light of the determination, the telephone financial fraud is a crime that causes damage to an unspecified number of victims by means of planned and organized methods, and its social harm is very severe, and the crime of this case is not that of facilitating telephone financial fraud by collecting and delivering the amount of damage to an unspecified number of victims.

However, in light of the following circumstances: (a) the Defendant committed each of the instant crimes with no criminal history; (b) was committed against the Defendant at the time of committing each of the instant crimes; (c) the victim was not punished by the Defendant by mutual agreement with the victim AB; and (d) other conditions of sentencing specified in the instant records and pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) the circumstances after committing the crime, etc., the lower court’s punishment is too unreasonable.

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.

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

Application of Statutes

1. Relevant Articles 347(1) and 32(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

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

1. Article 62 of the Criminal Act: