The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. Since strict measures are necessary to cope with the crime of telephone financing fraud in judgment, there is a need to punish the person involved in the crime, and there are unfavorable circumstances, such as the fact that the number of victims involved in the crime is very large, the amount of damage is very large, the degree of the defendant's participation is considerably significant, the profits actually acquired by the defendant are not significant, and the victim's contribution to the recovery of damage is entirely nonexistent.

On the other hand, there are favorable circumstances such as the fact that the defendant voluntarily entered China, and reflects his mistake, and that the defendant has no record of punishment for the same kind of crime or punishment.

In full view of the above circumstances and the equality of the punishment of the accomplices in the instant crime, and other conditions of all the sentencing as shown in the records and arguments, including the Defendant’s age, sex, environment, motive and means of the crime, and circumstances after the crime, the sentencing of the lower court cannot be deemed to be unfair as it goes beyond the reasonable scope of discretion, and thus, is unreasonable.

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.