The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. The punishment sentenced by the court below (ten months of imprisonment) is too unreasonable in light of the fact that the defendant repents and reflects the wrongness of the reasons for appeal.

2. The telephone financial fraud, such as the instant crime, is an intelligent and organized crime, which is committed against many victims, and thus, is bad in the quality of the crime, and there is a record of punishment for the same type of crime against the Defendant.

However, the fact that the defendant separates and reflects his mistake, the crime of this case and the crime subject to final judgment as stated in the first head of the judgment of the court below in the judgment of the court below should be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the fact that the degree of the defendant's participation or the intention of defraudation is deemed to be weak

In full view of these circumstances, the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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 and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) and Article 32 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) and 32 (1) of the Criminal Act;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. In full view of the conditions of sentencing prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act among concurrent offenders.