A. Prosecutor: Unfair sentencing; and

B. Defendant: Error of mistake of facts (the fraud on Qua) and unreasonable sentencing

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts, it is recognized that the defendant, together with co-defendant B of the court below, obtained the victim Q and acquired the victim Q by deceiving the total of KRW 15 million.

Furthermore, there is no evidence that the defendant made a false confession in the original judgment.

This part of the defendant's assertion of mistake is not accepted.

B. As to both parties’ assertion of unfair sentencing, although Q did not want to punish the victim Q Q, considering the following factors: (a) the Defendant paid 6 million won to the victim Q, and Q did not want the Defendant’s punishment; (b) the process and content of each of the instant crimes; (c) the amount of fraud was relatively high; (d) most damage was not recovered; and (e) there was no special change in circumstances that could determine punishment differently from the original judgment; (b) the means and method of the crime; (c) the circumstances after the crime was committed; and (d) other factors of sentencing as indicated in the instant arguments and records, including the Defendant’s criminal power, age, character and conduct, family relationship, and economic form, the sentence of the lower judgment is deemed reasonable;

All the defendant and prosecutor's arguments on unreasonable sentencing are not accepted.

3. According to the 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