The judgment below

The third part of the judgment is reversed.

A fine of KRW 5,00,000 shall be imposed on the third offense in which the defendant's decision was made.

1. The sentencing of the lower court (the first and second crimes: imprisonment with prison labor for 8 months, the suspension of execution for 2 years, and the third crimes as indicated in its holding: imprisonment with prison labor for 4 months) is too unreasonable.

2. Determination as to the part concerning the first and second crimes in the holding

A. There are extenuating circumstances, such as the confession of this part of the crime, and the fact that the victim has made a reimbursement for damage with respect to the crime of fraud of used goods, and that the judgment could have been adjudicated together with the judgment that became final and conclusive.

B. On the other hand, this part of the crime is a matter of aiding and abetting the fraud and obstructing the bank's business by opening a false corporate account with knowledge that the defendant can be used for the crime of Bophishing, and thus, even though multiple defraudeds suffered large damages due to these crimes, the defendant is not obliged to pay damages, and thus, the defendant's responsibility is not weak.

In addition, considering all sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. Judgment as to the third crime in its holding

A. The crime of this case is a case of deceiving the defendant that he sells used goods to five victims during the period of probation and deceiving approximately one million won in total, and the crime of this case is not good.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant agreed with the victims or deposited the amount of damage in substitution for the payment of damage, that the amount of fraud is relatively small, and that the Defendant’s family members and branch members want to take care of the Defendant while leading the Defendant.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.

4. Conclusion, the judgment of the court below is rendered in the Defendant’s appeal.