The defendant's appeal is dismissed.

1. The sentence of the court below (10 months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led to the confession of and reflects on the crime of this case; (b) the actual gain acquired by the crime of this case appears to be nonexistent; (c) the victim wanted to pay damages to the defendant and agreed with the victim; (d) partial amount of damages is confiscated and returned; (e) the defendant’s entrance into the Republic of Korea without any specific criminal power; (e) the defendant’s health is not good; and (e) the defendant’s wife wanted to take measures against the defendant; (b) the amount of damages is not much than KRW 20 million; (c) the telephone financial fraud crime of this case is committed on an organized and planned basis with many unspecified victims; and (d) there is a very great harm to the society by massing many victims; and (e) the aforementioned fraud crime is committed by systematically connecting with other accomplices; and (e) the circumstances leading up to the defendant’s participation in the crime of this case, which are not easy for the defendant to take account of the characteristics of the crime of this case.