All appeals filed by the defendant and prosecutor are dismissed.

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unhued and unreasonable.

Defendant

The above-mentioned sentence imposed by the court below on the defendant is too unreasonable.

2. The lower court decided on the assertion of unfair sentencing by the Defendant and the prosecutor: (a) committed a theft of money from three victims to 66 million won by entering Korea for the purpose of committing a crime from the first time in collusion with the employees engaged in the so-called Bosing criminal act by telephone financial fraud group; and (b) committed the instant crime under the circumstances where the elderly people who have been highly believed the horses of South Korea were stolen; (c) the nature of the crime was defective in light of the circumstances of the crime; (d) the injury was not recovered; and (e) the Defendant appears to have a attitude of recognizing and reflecting the facts charged; and (e) there was no history of criminal punishment in Korea, taking into account other favorable circumstances, such as the Defendant’s occupation, age, character and behavior, character and environment, the motive and background of the environmental crime, the means and consequence of the crime, and the circumstances after the crime, etc., within the sentencing guidelines, sentenced the Defendant to a punishment of two years.

The circumstances alleged by the Defendant and the Prosecutor as an element of sentencing in the trial were already revealed during the oral proceedings of the lower court, and there is no change in circumstances favorable to the sentencing criteria and the matters that constitute the conditions of sentencing after the sentence of the lower judgment.

In addition, considering the various conditions of sentencing as shown in the records and pleadings of this case and the reasons for sentencing of the lower judgment, even if considering all the circumstances asserted by the Defendant and the prosecutor as the grounds for appeal, it cannot be deemed unfair since the Defendant’s sentence imposed by the lower court is too heavy or it is deemed that the Defendant exceeded the reasonable scope of discretion by putting the Defendant into force.

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

3. If so, the appeal by the prosecutor and the defendant is reasonable.