The judgment of the court below is reversed.

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

Seized evidence No. 3 shall be confiscated.

1. The defendant asserts that the summary of the grounds for appeal (the prosecutor and the defendant) (one year and six months of imprisonment) by the court below is too unfasible to the defendant, and the prosecutor is too unfased and unreasonable.

2. The telephone financial fraud crime, such as the instant crime, is diversified as the form of the instant crime, it is not easy to detect it due to its braille, and it is difficult to recover damage as well as serious damage to many victims, and social harm is very serious.

One of the roles of cash collection measures, such as the defendant, is an essential factor that connects the large interest of the crime of this case, so the criminal liability of the defendant is not weak.

However, in full view of the fact that the defendant is recognized as committing the crime, and there is no record of criminal punishment in the Republic of Korea, the profits earned by the defendant from the crime of this case are not large, the fact that the defendant has reached an agreement with one of the victims C, and other various sentencing conditions in the records and arguments, the punishment imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit and is thus dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That the judgment of the court below is reversed since the defendant's appeal is accepted and the judgment of the court below is reversed as follows, and the defendant's appeal is with merit

【Grounds for the Judgment of the Supreme Court which has been written] 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 thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

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