A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant is favorable given that the confession of the instant crime was made in the first instance, and the Defendant reflects his mistake, and that the Defendant has no record of being punished for the same crime or of being punished in excess of the fine.

On the other hand, the crime of this case is committed by using trust relationship with the victim, which is not good, and the defendant did not agree with the victim up to the trial of the party, and the defendant did not make any effort to recover damage in addition to the repayment of KRW 3 million to the victim.

In addition, when comprehensively taking into account the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the instant case’s records and arguments, the lower court’s punishment is too heavy or is deemed unfair. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

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