The prosecutor's (unfair sentencing) sentence of the lower court is too uncomfortable and unfair.

The sentencing guidelines [Scope of the punishment by law] 15 years (limited to the range of punishment by a single-class sentence] (limited to the sum of profit amounts) (limited to the sum of the total amount of profit amounts) (limited to the sum of 10 million won or more, and less than 500 million won) of the organized fraud among the group of fraud crimes [specific sentencing factors] : Where the subject of simple participation increased: Where the subject of unspecified or large number of victims or repeatedly commits a crime for a considerable period of time (limited to the scope of recommended punishment): From 2 years to 5 years [Adjustment of the scope of punishment], since the type of the most serious one crime is higher than that of a single-class as a result of combined calculation, 1/3 of the lower limit of the sentence shall be mitigated (one year and 4 months), but the minimum limit of the sentence (one year and 6 months) of the most severe type of crime applicable to the single-level range (type 1) (one year and 6 months).

b. In full view of the following circumstances: (a) the Defendant’s judgment from one year and half years from one year and five years of imprisonment is against the Defendant’s entire confession of the crime; (b) the Defendant was led or planned to commit the crime; (c) the crime of this case is organized by multiple persons due to the so-called Bosing Fraud; (d) the Defendant committed a crime without being subject to suspended execution; (c) the Defendant committed a crime without being subject to suspended execution; (d) the benefits accrued from the crime; (e) the Defendant’s punishment is within the scope of sentence recommended according to the sentencing guidelines; and (e) other circumstances, which are the conditions for sentencing specified in the records and arguments, the Defendant’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.