A. In light of the fact that the defendant and his defense counsel (unfair form of punishment), there is no record of criminal punishment, there is no economic difficulty, and the health situation is not good, etc., the sentence of the court below that sentenced the defendant for a period of four months is too unreasonable.

B. In light of the fact that the Defendant voluntarily sold the machinery apparatus provided as security by means of transfer while receiving a loan of KRW 200 million from the Industrial Bank of Korea, the crime of this case by the prosecutor (unfairness) is not good, and that the Defendant did not use it at all for recovery from damage even after receiving the sale price, and that the amount of actual damage caused by the crime of this case did not endeavor to recover damage even to the name of approximately KRW 93 million, it is unfair that the sentence imposed by the court below is too unreasonable.

2. In light of the following: (a) the damage suffered by the victim due to the Defendant’s instant crime is not a considerable amount of damage; (b) the victim is punished for the Defendant; (c) the Defendant is against the Defendant’s wrong punishment; and (d) the Defendant has no record of criminal punishment; and (c) the motive and circumstances leading up to the instant crime; (d) the circumstances before and after the instant crime; (e) the degree of damage; and (e) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct and environment, as indicated in the instant records and arguments, the sentence imposed by the lower

Therefore, the above ground of appeal is without merit.

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