Defendant

The punishment of the court below against the accused (one year of imprisonment, two years of suspended execution, two years of probation, community service, 200 hours of imprisonment) is too unreasonable.

The sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

The favorable circumstances include: (a) the Defendant had no record of having been punished in addition to three times prior to the instant crime; (b) there was no record of having been sentenced to punishment in the lower court prior to the instant crime; (c) the Defendant paid part of the amount of damage to the victim and agreed with the victim; and (d) there was a misunderstanding of the error; and (c) the case should be considered when the instant crime is judged at the same time as a crime of fraud finalized on February 25, 2011; and (d) the offense of this case, even though the Defendant was not able to pay the construction cost, has the victim perform construction work equivalent to KRW 180,000,00,000. In addition, the lower court’s punishment cannot be said to be harsh or less, taking into account all the factors of sentencing specified in the instant records and arguments, such as the Defendant’s age, character

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.