A. The lower court’s punishment (the amount of KRW 5 million) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. The Defendant again committed the instant crime even after the suspension of indictment twice for the same crime, and the fact that the Defendant’s access media transferred by the Defendant actually used in the commission of the fraudulent crime causes damage to the Defendant due to unfavorable circumstances to the Defendant, considering the circumstances favorable to the Defendant, the Defendant’s confession at the late stage of the investigation, and taking into account other various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or unreasonable.

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