The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment, confiscation) is too unreasonable.

2. The judgment of the defendant amounting to approximately 38 million won. The crime of this case constitutes the so-called "walphishing" crime, which is the so-called "walphishing" crime, and the nature of the crime is not good as planned and intelligent, and constitutes a serious crime with a structure of massing a large number of victims, and since co-offenders can actually acquire profits from the crime through the withdrawal and delivery of cash in this case, the degree of his participation cannot be deemed to be weak. The crime of "walphishing" is committed as the day of compromise and the damage is spreading considerably, while it is practically difficult to detect and punish the person who planned and directed the crime in China, and there is a need for strict punishment against the so-called "stalphishing", which is withdrawn and delivered cash in Korea, etc., which is disadvantageous to the defendant.

However, in full view of all the factors of sentencing favorable to the defendant, including the fact that the defendant had not been punished prior to the crime of this case, the fact that the defendant recognized the crime of this case, the fact that the defendant committed the crime of this case, and the defendant deposited the total amount of damages to the victims of the crime of this case, and other various factors of sentencing as shown in the argument of this case, the punishment imposed by the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.