A. The lower court’s punishment (one year and six months) is too heavy in light of the Defendant’s role in the instant crime or the amount of profit acquired by the Defendant.

In particular, it should be actively reflected in the sentencing that the actual amount of damage caused by the Defendant’s direct action among the facts charged in the instant case is KRW 37,911,316.

B. The lower court’s punishment is too minor in light of the harm or seriousness of damage caused by the prosecutor’s Bosing crime.

2. Determination

A. In light of the harm and the seriousness of the damage caused by the Bosing crime, even though the Defendant, even though the amount of damage directly inflicted on the victims through the instant crime, is limited to KRW 37,911,316, a severe punishment against the Defendant is inevitable.

B. However, there are favorable circumstances, such as the fact that the defendant recognized his crime and is in profoundly against his will, and that some victims have repaid damages and agreed.

3) In light of the aforementioned circumstances, the role of the Defendant shared in the instant crime, the amount of benefits acquired through the instant crime, the Defendant’s age, sexual conduct, motive for the instant crime, the circumstances after the commission of the crime, and other circumstances that are the conditions for sentencing, the lower court’s punishment is excessively heavy or excessively light.

It does not seem that it does not appear.

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