All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (six months of imprisonment, confiscation) imposed by the court below against the defendant is too unreasonable.

B. The sentence of imprisonment (six months of imprisonment, confiscation) imposed by the court below against the defendant is too uneased and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of scaming fraud committed by the Defendant consists of an unspecified or many victims without any discrimination, and its social harm is very serious. The upper line of the Boscing organization is mostly residing abroad and it is necessary to strictly punish the accomplice who has performed the role of withdrawing the actual amount of fraud. The Defendant attempted to defraud 30 million won from the victim, which is a considerable amount of damage, and the Defendant did not take account of the fact that the Defendant did not have any criminal history against the victim. Considering the fact that the Defendant was the primary offender who has no record of criminal punishment, the fact that the Defendant did not take advantage of the attempted crime of this case, and taking into account various sentencing conditions in this case, such as age, character, environment, motive and background leading to the crime, and circumstances after the crime, the lower court’s sentencing cannot be deemed to have been too heavy or excessive.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below in accordance with Articles 352 and 347 of the Criminal Act.