The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

2. The following facts are favorable to the Defendant.

The Defendant led to confession and reflect on the instant crime.

There is no criminal history against the defendant.

The defendant seems to have committed the crime of this case as a first citizen of society without a conclusive intention.

In the lower court, the Defendant repaid the victim C with the full amount of KRW 4010,000,000, and agreed with the said victim. This court paid the victim D with KRW 30,000,000 out of KRW 80,000, and agreed with the said victim.

The victims do not want to punish the defendant.

On the other hand, the following facts are disadvantageous to the defendant.

The crimes of this case are committed as if the defendant was an employee who sent to the prosecutor, etc., and the victims directly meet the victims, and again transfer the victims to a person who is not his name.

The criminal conduct of Bosing is organized, planned, and the society needs to be strict.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the age of the Defendant, sexual conduct, environment, etc. as shown in the records and arguments of the instant case, and the scope of the recommended punishment according to the sentencing guidelines, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument is justified.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;