The judgment of the court below is reversed.

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

30,000,000 won shall be additionally collected from the defendant.

1. The sentence imposed by the court below (five years of imprisonment and additional collection) is too unreasonable.

2. The crime of telephone financial fraud and so-called “singishing” is an unspecified number of victims, and thus has a huge adverse impact on society, and the Defendant shared the role of the call center counselor of the organization of the Bosing criminal act, and the degree of the Defendant’s participation, the amount of the damage in this case, the amount of the crimes of Bosing are not eradicated until a long period of time, but rather, it significantly adverse effects on this society by the advancement of the veterinary law, and the Defendant constitutes a same repeated crime.

However, considering the fact that the defendant is against the mistake, the fact that some victims have recovered from the harm in the original judgment and the trial court, and other factors of sentencing such as the defendant's age, character and behavior, health status, family relationship, motive and circumstance of the crime, and circumstances after the crime, it is judged that the sentence imposed by the court below is unfair.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 114 of the Criminal Act applicable to the crime, the choice of punishment, Article 114 of the Criminal Act (including admission to and activities of a criminal organization), Articles 347(1) and 30 of the Criminal Act, Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 3(1)1 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply mutatis mutandis.