The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

1. Summary of grounds for appeal: Imprisonment with prison labor for one year;

2. Although there is a high need for strict punishment on the crime of telephone financial fraud, the part of the defendant's participation in the crime of fraud against the victim B was attempted, and the defendant was against the attempted crime, and there was no criminal record that had been punished in Korea.

In addition, considering the various conditions of sentencing as shown in the argument of this case, such as the motive and background of the crime, the scale of damage, the role of the defendant in the crime, character and conduct, family environment, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following decision is rendered again.

(1) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (3) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, it shall be dismissed.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;