2. In light of the judgment, the fact that the defendant acknowledges and reflects his mistake, that there is no criminal record exceeding the fine against the defendant, that the defendant is responsible for supporting the mother, wife and two children, and that the amount obtained by the crime of this case is a large amount equivalent to KRW 86 million, and that the damage to the victim has not been recovered, and that the defendant has been punished twice for the same crime of this case.

In full view of the above sentencing factors, in full view of the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments of the change, the lower court’s judgment’s punishment is deemed appropriate. Therefore, the Defendant and the Prosecutor’s assertion is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.