Defendant

The sentence of the lower court (three years of suspended execution for one year of imprisonment, three years of probation, and one hundred and sixty hours of community service) is too unreasonable.

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

Judgment

The fact that the defendant's mistake is recognized by the defendant, and the fact that the damage has been actually restored by the defendant's deposit of KRW 44 million and the defendant's declaration of obligation exemption for KRW 11 million donated or lent to the victim is favorable.

On the other hand, the fact that the defendant has the same criminal records, that the amount of fraud is not much than 50 million won, and that it is not good that the crime is committed by deceiving the victim by using his status and friendship that he does not have the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is 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.