A. The lower court’s punishment (the amount of KRW 5 million, the provisional payment order) against the Defendant is too unreasonable.

(b) The above sentence against the prosecutor's defendant is too uneasible and unfair;

2. From 2003, the Defendant had been subject to punishment 35 times as a crime of fraud, and the sentence of which is nine times, most of the crimes appears to have been committed in prison, such as the instant case.

In addition, the defendant committed the crime of this case at least four months since he/she was sentenced to imprisonment with prison labor for the same kind of crime and was released from prison, and there is a high possibility of recidivism.

However, the defendant shows the attitude of reflecting the defendant's criminal act, and the amount of damage is small, and the court below agreed to the victim only.

The defendant has a physical disability (vertebrate) and has difficulty in living as a basic recipient.

In full view of the aforementioned various circumstances and all of the sentencing conditions in the instant argument, it cannot be deemed that the lower court’s punishment is too heavy or too harsh and unfair.

Therefore, each of the above arguments by the defendant and the prosecutor is rejected.

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