All appeals by the defendant and the prosecutor are dismissed.

1. As to the gist of the reasons for appeal, the defendant asserts that the defendant is too unafford and unfair as to the punishment of the court below (ten months of imprisonment), and the prosecutor asserts that it is too unafford and unfair.

2. The Defendant took part in the so-called phishing fraud, thereby causing KRW 349 million.

The defendant paid 7 million won out of the money acquired by deception and agreed with the victim, and he paid 2 million won in addition to the case of the party, and endeavored to recover the damage, and the defendant recognized the mistake and reflects the fact that he does not have the same kind of criminal record.

However, although the social malicious behavior of the phishing crime was widely known, the Defendant misrepresented his employee of the Financial Supervisory Service and received money directly from the injured party, and had weak awareness of the crime in light of the contents of the phishs.

It is difficult to see, and the fact that the full damage has not been recovered is disadvantageous.

In addition, comprehensively taking into account the various circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, living environment, means and consequence of the commission of the crime, the sentencing of the lower court is too heavy or less than the reasonable limit of its discretion.

shall not be deemed to exist.

The argument that the sentencing of the defendant and the prosecutor is unfair is all rejected.

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