A. The punishment of the court below (three years and six months of imprisonment) is too unreasonable.

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

2. The lower court determined a sentence by taking into account the records and all the sentencing circumstances shown in the instant pleadings, including the following: the Defendant’s deception mode, the amount of the fraud, the user of the defrauded money, the place where the defrauded acquired money was not recovered at all, the damage was not recovered, and the efforts to recover the damage were not taken into account.

The grounds for unfair sentencing alleged by the Defendant and the prosecutor seem to be the circumstances in which the lower court has already taken full account of the Defendant’s punishment.

The lower court determined the punishment by taking into account the circumstances favorable to the Defendant with respect to the instant sentencing, and there are no circumstances to deem that the said sentencing conditions have changed in the appellate court.

Therefore, the Defendant and the prosecutor’s assertion cannot be accepted, since the lower court’s punishment is heavy or light.

3. As such, the appeal 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.