The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

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

2. The total amount of damage is not specified as KRW 18,90,000. The telephone financial fraud crime in this case is organized and planned against many unspecified victims, and the amount of damage inflicted on society by massing a large number of victims is extremely large. In particular, the above fraud crime is subdivided into each one's role and is organized through successive connection with other accomplices. In light of the characteristics of the crime, the defendant's cash withdrawal act is essential for all crimes, and the degree of the defendant's participation cannot be deemed to be somewhat weak. However, the defendant's liability for the crime is not easy, considering the following facts: (a) the confession and depth of each crime in this case is against each other; (b) the actual amount of profit acquired by each crime in this case is deemed to be relatively large; (c) the victim I, H, and deposit the amount of damage to the victim; (d) the amount of criminal punishment in the past is deposited to the victim; and (c) the defendant's age, circumstances, and circumstances of the defendant's personality, conduct, and circumstances following the sentencing, etc.

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.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;