All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We examine the above arguments by the Defendant and the Prosecutor.

The crime of this case is a reason for sentencing that is disadvantageous to the defendant, because the defendant involved in the crime of Bophishing criminal organization in cash withdrawal and remittance, defrauds KRW 5,830,00 from the victim and takes custody of the means of access through the delivery of three copies of the means of access, and the nature of the crime is very poor in light of the method and content of the crime. The crime of Bophishing is a secret and planned crime, so it is difficult to regulate the scope of damage because it is difficult to prevent the crime, and there is a structural characteristic that is not easy to recover damage, and the scope of damage is very high, so it is necessary to strictly punish the crime. The defendant is paid three percent of the withdrawn amount as commission, and the defendant is paid three percent of the withdrawn amount

On the other hand, there is a reason for sentencing favorable to the defendant, such as the fact that the defendant has led to a confession of the crime and reflects the depth of the defendant, that the defendant was arrested before the withdrawal of the money remitted by the victim, and that there is no record of punishment in Korea.

In full view of the aforementioned sentencing factors, the Defendant’s age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable as it is too heavy.

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

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.