The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and confiscation) is too unreasonable.

2. The fact that the defendant recognized all the facts charged and reflected in the judgment, and the fact that the defendant's profit derived from the crime of this case is not much high is favorable to the defendant.

However, the crime of this case is a so-called "Singing" fraud that is planned and organized against many and unspecified persons and booms a large number of victims, and its social harm is high, and there is a need to strictly punish such an act of participation as well as the total liability, and the victims have filed for mental suffering of this case with the aged aged 70 or 80 years old who are vulnerable to a new crime. The total amount of damage caused by the crime of this case is the maximum amount of 201,105,710 won, or the damage suffered by the victims was not recovered at all, and it seems that there is no possibility of recovery from damage in the future.

In full view of all the sentencing conditions, including the Defendant’s age, health status, environment, background leading up to the commission of a crime, means and consequence, scale of a crime, and circumstances after a crime, the sentence imposed by the lower court does not seem to have exceeded the reasonable scope of discretion.

On the other hand, the defendant sought restitution on the ground that the evidence No. 1 (S.C. 1) of seized evidence has been secured through its sirens, so it is not necessary to continue seizure, and that his/her family photograph, etc. has been stored in his/her cell phone.

A mobile phone that the defendant had been used in Taiwan was not seized, and is being kept as a custody in the Seoul detention center.

(See Supreme Court Decision 2018Ma8663 Decided April 2, 201, 200 see Supreme Court Decision 2006Da86663.