All appeals by the defendant and the prosecutor are dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant (one hundred months of imprisonment) is too heavy or it is too unfilled to the defendant (the defendant).

2. The Defendant, at his own discretion, escaped from the phishing organization, and the victims of fraud are not punished by the Defendant by mutual consent between the victims of fraud and the victims in the original judgment.

The defendant has no history of criminal punishment.

However, the degree of the defendant's participation in the crime is not weak, such as joining the Bophishing organization and directly phoneing the victims in China, making a personal information database, or receiving the victims' money by deceiving the victims.

The above Bosing organization is a large and systematic criminal organization whose number of employees working at the call center is 40 persons.

The period in which the defendant participated in the crime reaches 5 to 6 months, and HaH, which was the branch, was introduced into the singishing organization, and the profits earned in return for the crime are more than 40 million won.

It is necessary to punish a defendant with severe social harm in light of the characteristics of the criminal act of licensing.

In full view of the above circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, the application of the judgment below to "Articles 114(1) and 347(1) of the Criminal Act (the act of entering by the criminal organization)" in Article 114 and Article 347(1) of the Criminal Procedure Act (as a whole, Article 114 and Article 347(1) of the Criminal Act).