All appeals filed by prosecutors and defendants are dismissed.

1. On the summary of the grounds for appeal, the prosecutor asserts that the prosecutor too unfaseded, and the defendant is too unfasible and unfair, as it is too unfasible to the prosecution.

2. In a case where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The telephone financing fraud and the so-called “singishing” crime are crimes involving multiple unspecified victims, and thus, it is not easy to arrest the criminal because it consists of an organization that has a substantial adverse impact on society, and it is not easy to arrest the criminal. Therefore, in light of the Defendant’s criminal act, such as the withdrawal of the springing, it is necessary to strictly punish the Defendant.

Although the Defendant agreed to pay KRW 1,500,000 to the defrauded J and L respectively for the first time, the degree of damage recovery is limited to part of the degree of damage recovery compared to the number of victims or the amount of damage, and thus, it cannot be viewed as a new normal relationship or change of circumstances that could change the sentence of the lower court.

In addition, when comprehensively taking into account the Defendant’s age, sexual behavior, family relation (open dynamics and birds), economic situation, motive and circumstance of the crime, and circumstances after the crime, etc. as indicated in the deliberation of the lower court and the party, the lower court’s punishment cannot be deemed to be too heavy or unfair as it goes beyond the reasonable scope of discretion.

3. According to the conclusion, since both the prosecutor and the defendant's appeal are without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.