2. The fact that the defendant's mistake was committed in depth when the judgment was made in the trial, each of the crimes of this case, which was prosecuted, was committed for a period of one day, and that the defendant's direct profit was deemed to have not been realized, is the circumstances favorable to the defendant.

However, this case is an organized crime in which victims' money was stolen through the Bosphishing Act, and even if the period of the defendant's participation is short and the number of fraudulent offenses is not many, the degree of the defendant's participation as a measure to withdraw the cash account transfered by the victims cannot be deemed to be minor, and there is no recovery of damage up to the trial, and the defendant has a record of fine and imprisonment with prison labor.

In addition, considering the Defendant’s age, character and conduct, environment, method and circumstance of crime, circumstances after crime, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court, etc., the lower court’s punishment is heavy or unreasonable. Thus, the prosecutor’s and the Defendant’s assertion of unreasonable sentencing are without merit.

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