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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment and confiscation (No. 1 to 13) is too heavy.
B. The Prosecutor’s sentence is too minor.
2. The fact that the Defendant recognized all of his own criminal acts and speaks against it, that the defrauded acquired the amount of 2 million won, the profit gained from the crime is merely 1.5 million won, that there is no special criminal power except that he was sentenced to a fine of 3 million won as a public performance and obscene crime in 2014, and that he does not seem to play a leading role in the instant criminal act is an element for sentencing favorable to the Defendant.
However, the crime of Bophishing, in which the defendant participated, is the main target of the crime, which is the organized, planned, intelligent, and economically weak socially weak groups. In addition, most of them are not easy to recover from damage after the nature of the crime committed closely by organization, and it is not easy to make many victims and members of society, who are charged with the above crime, and make many victims and members of society be influencies of state agencies or financial institutions, and the possibility of social criticism is high as the crime is very poor and high, so it is necessary to eradicate the harm through strict punishment, and the defendant withdraws approximately KRW 200,000,000 as the withdrawal measures of the Bophishing organization, and the victim and members of society who did not agree with the victim are the factors that are disadvantageous to the defendant.
In addition, considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, and family relationship, it cannot be deemed that the sentence of the court below is too heavy or unreasonable.
3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and the prosecutor are without merit.