All appeals by the defendant and the prosecutor are dismissed.

1. The summary of the grounds for appeal asserts that the defendant is unfair due to the excessive reduction of the punishment imposed by the court below (two years of imprisonment with prison labor) and that the prosecutor asserts that the above punishment imposed by the court below is too uneased and unfair.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The so-called “scaming” fraud constitutes the most malicious type of fraud in terms of the method of deception, the nature of deception, the systematic and conclusive intention, and the fact that it is a systematic and secret criminal among the criminals that can be punished by imprisonment for up to 10 years ( statutory penalty), with the intent of the other party in full falsehood.

In addition, the Defendant committed a crime repeatedly against a large number of victims, and most victims want to obtain a second financial right loan due to the lack of economic circumstances, and such victims may be subject to a large amount of gold and mental damage that may be caused by fraudulentation. Therefore, the degree of illegality of the instant crime committed by the Defendant is very high.

Therefore, considering the harm of the above crime, even if considering the fact that the defendant was not in a leading position to plan the crime within the entire criminal organization or that the profits earned by the defendant from the crime are merely a part of the amount of fraud, it is necessary to strictly punish the defendant.

The lower court: (a) although the Defendant led to confession and mistake, the Defendant was involved in a systematic and planned fraud; (b) did not recover from damage; (c) the background of the Defendant’s participation; (d) the period and frequency of participation; (e) the amount of damage; and (e) the amount of criminal proceeds derived from the Defendant’s allowances, much less than the amount of fraud; (b) the Defendant has no other criminal records of the same criminal record or suspended execution; (c) the Defendant’s age, sex, environment, and crime.