All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. In light of the fact that there exists an area unique to the first instance court regarding sentencing determination under the Korean Criminal Procedure Act, and the ex post facto nature of the appellate court, it is reasonable to respect the first instance court’s sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not exceed the reasonable scope of discretion.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

The Defendant recognized and reflected the instant crime.

The defendant paid 3 million won to G, who is the victim of the Bosphishing crime, for the first time, and the victim expressed his/her intention not to be punished against the defendant.

There is no criminal power over the past 20 years against the defendant.

This is favorable to the defendant.

Meanwhile, the crime of this case is very poor in light of the serious harm and danger of the crime of Bosing, in a systematic and planned manner, by deceiving many unspecified victims and deceiving money.

Since the Act on the Acceptance of Crimes of Bosing Crimes becomes more intelligent and social damage increases, it is necessary to strictly punish the accomplice who has participated in the crime.

In light of the fact that the Defendant released and remitted 3 million won which he acquired from the victim G for the crime of Bophishing, and that he possessed 8 physical cards for the purpose of using them for the crime, the degree of participation in the crime is significant.

In addition, considering the age, character, conduct and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime was committed, the court below shall take into account various conditions of sentencing as shown in the argument in this case.