2. In full view of the following circumstances: (a) although the Defendant had been already sentenced two times of punishment due to the crime of fraud in the similar manual, the Defendant repeated the instant crime; (b) the amount acquired by the victim from the victim totaled up to KRW 90 million; (c) the circumstances leading to the instant crime and details leading up to the instant crime; and (d) the fact that the Defendant did not take full measures for recovery of damage up to the trial; (b) other unfavorable circumstances, such as the fact that the Defendant led to the instant crime; (c) the Defendant’s confession and reflects the instant crime; (d) other favorable conditions, such as the Defendant’s age, family environment, and circumstances before and after the instant crime; and (e) other various sentencing conditions as shown in the records and arguments, the punishment imposed by the lower court is adequate, too heavy or less.

3. If so, the defendant and the prosecutor's appeal against the judgment of the court below are without merit. Thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.