All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant recognized the crime of this case and is against the law.

The crime of this case was committed with attempted crimes, and the frequency of the crimes of this case is only one time. The defendant has no record of criminal punishment while staying in the Republic of Korea.

Circumstances unfavorable to the defendant are as follows:

The crime of this case was committed by the telephone finance fraud crime organization, which leads to the awareness of elderly victims.

The defendant is in charge of receiving the victim's direct delivery of the money, and the degree of participation in the crime is not easy.

The telephone financing fraud crime, such as this case, is committed on a systematic and systematic basis against many unspecified people, and is not only to cause serious damage to victims, but also to cause serious damage to society.

The injured person was punished for the defendant.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable or too low, and thus, it cannot be deemed unfair.

All the arguments of the defendant and the prosecutor are without merit.

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