사기등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the defendant's punishment (a prison labor of 10 months, confiscation) of the court below, and the prosecutor asserts that it is too unaffortable and unfair.
2. Circumstances favorable to the defendant, including the fact that the defendant reflects the crime, the fact that there is no particular criminal punishment, and the fact that the social relationship is obvious, etc., but on the other hand, many victims were involved in the crime of telecommunications financing fraud organized and intelligent. In light of the degree of participation in the crime and the amount of damage, etc., the nature of the crime is not easy, and it appears that agreement with the victims or failure to recover from damage, etc. are disadvantageous to the defendant.
Considering the above circumstances and other circumstances, comprehensively taking into account the Defendant’s occupation, family relation, age, sexual conduct, environment, motive and background of a crime, the means and consequence of a crime, and the circumstances before and after the crime, etc., the lower court’s punishment is too heavy or unreasonable, taking into account the following circumstances into account: (a) it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.