All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the Defendant’s imprisonment for a period of two years, by taking into account the following circumstances: (a) the Defendant, under the circumstances under which he/she was aware that he/she was involved in the crime of Bophishing as his/her cash withdrawal; (b) the Defendant committed the crime for economic benefits despite the fact that he/she was aware of the fact that he/she was involved in the crime of Bophishing; and (c) the Defendant appears to have been involved in the crime of Bophishing on an intentional basis; (d) the extent of damage to the victims caused by the crime of Bophishing; (e) the economic benefits earned by the Defendant; (e) the blood alcohol concentration at the time of drunk driving;

In light of the following: (a) there is no change in the sentencing conditions compared to the lower court’s failure to submit new sentencing data in the trial; and (b) the sentencing conditions revealed in the proceedings of the instant case were comprehensively taken into account; (c) it cannot be deemed that the lower court’s sentencing was too heavy or unhued and exceeded the

3. In conclusion, 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.