The prosecutor's appeal is dismissed.

1. In light of the following: (a) the summary of the grounds for appeal: (b) it is necessary to strictize the accomplices; (c) the number and amount of remittances made by the Defendant to the amount of the amount of the singing damage; and (d) the profits earned by the Defendant seems to be reasonable, the punishment imposed by the lower court is too uneasible and unreasonable.

2. It is necessary to punish a person who is involved in a telephone financing fraud that has a big social disorder in judgment, and the Defendant is not less than the degree of participation by receiving the amount of damage from the telephone financing fraud and remitting it to China.

On the other hand, the Defendant reflects the mistake, has no record of being punished in Korea, and the facts constituting the crime of this case are two cases (the prosecutor took part in the criminal act of licensing more than 100 times, in addition to the instant case).

However, according to the record, the fact that a money exchange account, which is not the defendant, has been remitted to China more than 100 times, but it is unclear whether the defendant has been involved in the phishing crime more than 100 times. Thus, such doubt cannot be considered as an element for sentencing unfavorable to the defendant solely on the ground that such doubt exists). In full view of the above circumstances and all other sentencing conditions specified in the records and arguments, including the defendant’s age, sex, environment, etc., the sentence of the court below is too uneasible and thus, it does not seem unfair.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.