All appeals filed by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (ten months of imprisonment) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. We examine both the Defendants and the Prosecutor’s assertion.

The crime of this case is deemed to be disadvantageous to the defendants, such as embezzlement of approximately KRW 19,632,00 of the sales proceeds of the terminal device that the defendants kept in custody for the victim H, and deception of KRW 2,4460,00 in total as the sales proceeds of mobile phones by deceiving 34 victims. In light of the contents of the crime, the criminal liability is significant, and the defendants did not make any effort to recover damage to the victim H.

However, in the first instance, the Defendants made confession of all of the instant crimes and reflects the Defendants’ mistake in depth, and the Defendants’ repayment of damages to the victims of a considerable number of fraudulent crime to the first instance court, the Defendants were the initial offender, and the Defendants’ family members want to take the Defendant’s measures against the Defendants. In short, the circumstances favorable to the Defendants are also acknowledged.

On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court and the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable or favorable circumstances against the above recognized Defendants do not constitute a change in circumstances that could change the sentence of the court below after the sentence of the court below.

In addition, the sentencing of the lower court is within the reasonable scope of discretion, in consideration of the overall circumstances, which form the conditions for sentencing, as shown in the argument of the instant case, such as the age, sex, and environment of the Defendants.