A. The punishment sentenced by the lower court to the Defendant (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination of the facts that the defendant recognized the crime of this case and reflected, the profits that the defendant acquired by the crime of this case are very low compared to the amount of damage, and the defendant does not have any particular criminal record in addition to the fine imposed by the crime of violation of the Road Traffic Act (unlicensed driving) around 2009.

Meanwhile, the crime committed by the Defendant is a crime of financial fraud, which is called a “scam,” which is called a planned and organized act against many and unspecified persons, and there is a great social harm by massing a large number of victims, and there is a need to punish the victims with considerable economic suffering. The Defendant shared the role that is essential for the crime of defraudation, which is a withdrawal of cash received from an employee who withdraws the victims from the victims, and directly transfers them, and even if the amount of defraudation is about KRW 50 million, most damage was not recovered up to the trial, and the Defendant did not make any effort to recover damage.

In full view of the above circumstances and other factors of sentencing as well as the Defendant’s age, character and conduct, environment, motive, background, means, and consequence of the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.