A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. In filing an appeal against the lower judgment on December 17, 2015, the Prosecutor (Submission of the Reasons for Appeal) stated the “Scope of Appeal” column in the “Scope of Appeal” column in the petition of appeal and “reason for Appeal” as “unfair sentencing” and did not state specific grounds for appeal. In addition, it is evident in the record that the Prosecutor did not submit the reasons for appeal within 20 days from receiving the notice of receipt of the records of trial on December 24, 2015, and there is no other reason for ex officio examination in the lower judgment.

2. A favorable circumstance is that the Defendant’s judgment on the grounds for appeal by the Defendant came to the first instance, and recognized his mistake and reflected, and that the Defendant appears to have actually performed part of the construction work contracted by the victims.

However, the sum of the money that the Defendant acquired through the instant fraud exceeds KRW 96,832,50,000, and there are several records of punishment for fraud or violation of the Labor Standards Act due to similar criminal acts in the instant case, and there are no agreement with the victims.

In addition, in light of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is unlimited and it is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. Meanwhile, the Prosecutor’s appeal shall be dismissed in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit. However, as long as a judgment is rendered on the Defendant’s appeal, it is so ordered at once.