A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

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

2. The fact that the Defendant recognized the instant crime and reflected in the judgment is a favorable sentencing condition for the Defendant.

Meanwhile, the crime of this case is a condition for sentencing unfavorable to the defendant, even though the defendant had been subject to criminal punishment several times due to the same crime, by deceiving the victim about the sum of KRW 54,50,000,00 from the victim, and the nature of the crime is not weak. Nevertheless, the defendant did not reach an agreement with the victim from the date of the crime to the trial where the period has lapsed for a considerable time.

In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant, his defense counsel, and the prosecutor’s respective arguments on unfair sentencing are not acceptable.

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

(However, in the application of the judgment of the court below, the term "the former part of Article 37, Article 38 (1) 2, Article 50 and the proviso of Article 42 of the Criminal Act" shall be corrected to "the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act".