All appeals by the defendant and the prosecutor are dismissed.

1. As to the summary of the reasons for appeal (unfair sentencing) by the lower court (a year of imprisonment with prison labor and a fine of three million won), the Defendant asserts that the prosecutor is too unfasible and unfair as it is too unfasible.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) there is no past history of criminal punishment heavier than the fine; and (c) the parent who has no good health and who should support the same.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as that the defendant's total 47 mobile phone subscription applications, etc. are modified, and that it is not good to the quality of the crime due to the fact that the victim acquired a total of 62 million won from the victims, etc., the total amount of damage incurred from the crime of fraud and embezzlement is the maximum amount of 68 million won, up to the trial, and most of the damage was not recovered to the trial, and there is no active effort to recover the victims' damage.

In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.