The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The gist of the grounds for appeal is that of the lower court’s punishment (three years and six months of imprisonment) too unreasonable.

2. The crime of Bosing fraud, like the instant case, is committed in a systematic and planned manner, and the social harm is very high, such as causing damage to unspecified or many citizens, and thus, it is necessary to impose severe punishment. The crime of Bosing fraud is committed in a variety of ways through the participation of subordinate staff members, such as inducement, withdrawal, collection, delivery, transfer, and remittance, and it is highly necessary to strictly punish such participation, and multiple victims have committed frauds through several times, and the amount of fraud is large, and the liability for such crime is heavy in light of the frequency of the crime and the amount of fraud.

However, the court below's punishment is somewhat unreasonable when considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the conditions of sentencing under Article 51 of the Criminal Act, such as the circumstance after the crime, etc., as the defendant's age, character and behavior, environment, motive of the crime, means and result, it is unreasonable that the defendant has reached an additional agreement with some victims in the whole confession of the crime of this case.

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the compensation order shall be reversed, and it shall be decided again as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Article 347(1) of the Criminal Act, Article 30 of the Criminal Act (Fraud and Selection of Imprisonment) and Article 225 of the Criminal Act.