The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a so-called “singishing,” which is planned and organized against many and unspecified persons, and requires strict punishment for such crime. The role of the Defendant is a telephone inducement that directly conducts deception, and the role of the Defendant is an essential part for the success of the crime of Bosing. The degree of participation in the instant Bosing crime is not less than that of the Defendant’s disadvantage.

On the other hand, it is favorable to the defendant that the defendant recognized his mistake and reflects his mistake, that he was the first offender who has not committed his previous offense, and that he endeavored to recover the damage.

In full view of such circumstances and other factors of sentencing as the Defendant’s age, sex, environment, and circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal for the defendant's improper reason for sentencing is reasonable, and the following is again decided after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the choice of punishment concerning the facts constituting the crime (the choice of each imprisonment);

(a) The point of each fraud: Articles 347(1) and 30 of the Criminal Act;

(b) The entry of a criminal organization: Articles 114 and 347 (1) of the Criminal Act;

(c) the point of criminal organization activities: Article 114 of the Criminal Code, inclusive;