The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The Defendant, by taking part in the horseing organization, actively participated in the singing and soliciting the withdrawals of passbooks or withdrawals. The amount of damage incurred from the Defendant’s participation reaches KRW 10 million. In light of the method of the Defendant’s commission of the crime, the degree of participation, and the amount of damage, etc., the nature of the crime is very good.

However, the defendant shows the form of recognizing and reflecting the crime, and in the trial, the defendant paid 2 million won to the victims each, and agreed to do so.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, etc., as shown in the records and pleadings, the sentence of the lower court is deemed to be excessively 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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 347(1) and 30 (Fraud) of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, and the choice of imprisonment for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;