All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (ten months of imprisonment, confiscation) imposed on the Defendant by the lower court is excessively unreasonable.

B. The above sentence imposed by the public prosecutor by the court below is too unfortunate and unfair.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

The following facts are acknowledged: (a) the Defendant recognized the facts of the instant crime and reflects his mistake; (b) the degree of participation is relatively minor compared to the principal offenders; (c) the gains that the Defendant acquired by the instant crime (one million won) are less than the amount obtained by fraud; and (d) there is no specific penalty power except for the amount punished once by a fine, etc., which are favorable to the Defendant.

However, the crime of this case is an organized and intelligent crime of the so-called telephone financial fraud that obtains money from many unspecified victims, and it is difficult to regulate the crime as the crime is tight and planned, and there is a big social harm, and the amount of damage (50 million won) has not been made every time, but has not been made any effort to recover the victim's agreement or damage until now, and the fact that the defendant appears to have been active as the cash withdrawal of the telephone financial fraud organization for about three months, etc. are considered to be disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive and background, means and consequence of the instant crime, the circumstances after the instant crime, family relation, criminal record, and general sentencing in the same or similar cases, etc., the sentence imposed by the lower court is deemed to be adequate, excessive or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit.