All appeals by the defendant and the prosecutor are dismissed.

1. The reasoning of the appeal is that the lower court’s punishment (4 million won) is too hot or (4 million won).

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances alleged by the Defendant on the grounds of appeal and the circumstances alleged by the Prosecutor (such as the inferior nature of the crime, the leased cream card was actually used for the commission of the phishing fraud) are deemed to have already been considered in the sentencing process of the lower court.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

If a comprehensive consideration of the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, as shown in the deliberation of the court below and the party concerned, the sentence of the court below is too heavy or unreasonable as it goes beyond the reasonable scope of discretion (the defendant did not submit the reason for appeal even after being served with the notice of receipt of the records of trial on April 4, 2018, but the prosecutor appealed, and the prosecutor appealed for judgment ex officio). 3. As such, the appeal by the defendant and the prosecutor is without merit, and thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.