The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the benefit acquired by the Defendant was not significant; (c) the fact that the nature of the instant crime was inferior; and (d) the fact that the damage was not recovered; and (e) other factors of sentencing specified in the records and arguments, including the Defendant’s age, character and conduct, environment, circumstances after the instant crime, and circumstances after the crime.

However, in full view of the fact that the defendant paid the victims of the crime of aiding and abetting fraud in full after the sentence of the lower judgment and the above victims seek the Defendant’s wife against the Defendant, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 32(1) of the Multi-choice Act concerning criminal facts, Articles 49(4)2 and 6(3)3 (a) of the Electronic Financial Transactions Act, the selection of imprisonment with prison labor;

1. Article 32(2) and Article 55(1)3 of the Criminal Act for aiding and abetting and Mitigation (as to the crime of aiding and abetting by fraud),

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act;

1. On the same grounds as stated in the judgment of unfair sentencing on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the sentence shall be determined as per Disposition.