All appeals filed by the defendant and prosecutor are dismissed.

1. As to the summary of the reasons for appeal (one year of imprisonment, one year of confiscation) by the court below, the defendant asserts that it is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the social harm of telephone financial fraud crimes, the court below sentenced the above punishment to the defendant, considering the circumstances that the victim of the fraud did not want to be punished by the defendant, the defendant's age, character and conduct, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., in light of the above circumstances, it is difficult to deem that the above sentencing condition was significantly changed in the trial even if the defendant recognized the responsibility as a co-principal who was denied by the court below at the trial, and reflects it, and there is no special circumstance or change of circumstances that may be newly considered in the sentencing at the trial, and the records and arguments of this case are shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relationship, motive and circumstance of the crime, and circumstances after the crime.