All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

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

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the above legal principles, there is no change in the sentencing conditions compared to the court below on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the above legal principles, there are favorable circumstances such as: (a) there is no change in the conditions of sentencing compared to the court below on the grounds that the Defendant all recognized the instant crime; (b) there is no record of criminal punishment against the Defendant; (c) there is no record of criminal punishment against the Defendant; and (d) actively cooperates with the investigative agency; (b) there is serious personal and social harm to the so-called Bophishing fraud, which takes money from the victims in a systematic and planned manner; (c) there is a need for strict punishment of the persons who participated in the instant crime because it is difficult for the general public to cope with it; (d) the Defendant has joined a criminal organization with the purpose of Bophishing fraud to China; and (d) there is no other circumstances that the Defendant actively and losses caused by fraud.