The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized No. 1 (one personal phone).

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. In light of the fact that the crime of this case is the organized and intelligent crime of telephone finance fraud, which acquires money from many unspecified victims, and it is difficult to crack down because the method of crime is smuggling and planned, and there is a need for strict punishment, and the fact that the crime of this case has not been committed at all by agreement with the victims until now, even though the crime is considerably poor in light of the number of victims and the amount of damage, etc., the fact that the agreement with the victims or the damage has not been restored is recognized as an unfavorable circumstance to the defendant.

However, in light of the fact that the defendant recognized the facts of the crime in this case, the degree of participation is relatively minor compared to the principal offender, the profits acquired by the defendant seems to be much smaller than the amount obtained by the crime in this case, there are no criminal records of the same kind in Korea, there is no history of punishment exceeding the fine, part of the amount obtained by defraudation of the victim K and the amount obtained by the victim D overlaps with the crime in some (13 million won). In addition, in full view of the defendant's age, sex, criminal conduct, intelligence and environment, motive, means and consequence of the crime in this case, the circumstances after the crime in this case, criminal records, criminal records, and family relations, etc., the judgment of the court below is somewhat somewhat unreasonable to maintain them as they are. Thus, the defendant's argument is justified.

3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence recognized by the court and the summary of the facts constituting a crime and the summary of the evidence are as follows.