The prosecutor's appeal is dismissed.

1. The judgment of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unfied and unreasonable.

2. The telephone financial fraud crime in which the defendant was involved (hereinafter referred to as the “scaming fraud crime”) is highly harmful to the society of the crime of deceiving money by deceiving many victims in a systematic and planned manner; the defendant has repeatedly participated in the crime of this case through several times; the sum of the money acquired by the defendant's taking part in the crime of this case is 123.5 million won; and the victim and the victim did not reach an agreement, and in light of the unfavorable circumstances, the sentence of imprisonment against the defendant is inevitable.

However, the judgment of the court below is reasonable within the reasonable scope of discretion to take into account various factors in the records and arguments of this case, including the following circumstances: (a) payment suspension is imposed on a part of the account in which the money was partially deposited, or seizure of a part of the money by fraud is conducted, and the damage was recovered or expected to be recovered; (b) the defendant is not the principal offender of the crime of this case; (c) the defendant was merely a simple participant who is not the principal offender of the crime of this case; (d) the defendant was satisfying and is against his mistake; and (e) the defendant was a principal offender who has no record of criminal punishment; and (e) other factors in determining the punishment, such as the defendant's age, sexual conduct, environment, motive and means of the crime of this case, etc.

Therefore, we cannot accept the prosecutor's unfair argument of sentencing.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.