2. It is recognized that the defendant recognized that he/she has inflicted damage on the victim except for the extent of the amount of damage and reflects that he/she has no record of criminal punishment so far.

However, the crime of this case was committed by deceiving the victim by deceiving about 79 million won, and the victim did not submit particular data about the recovery of the victim's damage up to the trial of the court even though the amount of damage was high, considering the circumstances unfavorable to the defendant, such as the defendant's escape during the trial of the court below, and the defendant was recognized as the unit price of the son's trade with cash, etc., and the actual amount of damage is less than KRW 79 million by paying part of the son's trade with cash, etc.

In light of the fact that there is no evidence to acknowledge this as one of the arguments, and there is no change in the age, sex, environment, motive and background of the crime, means and method of the crime, and other circumstances that form the conditions for sentencing as indicated in the argument and the record of this case, it is not recognized that the punishment imposed by the court below is too heavy or unreasonable, in light of the following: (a) there is no other special circumstance or circumstance newly considered in the sentencing after the sentence of the court below.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.