A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The fact that the Defendant appears to have led to the confession and reflection of the instant crime, the fact that the Defendant repaid the victim the amount of KRW 7 million prior to the pronouncement of the original judgment, and the amount of KRW 6 million from the trial to the victim, and that the damage was partially recovered is favorable to the Defendant.

However, the crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant deceivings the victim who is a kyman for a considerable period of time and defrauds the money of KRW 32 million; (b) the crime of this case is inferior in light of the contents and methods of the crime; (c) the defendant committed the crime of this case again despite the fact that he had been punished several times, including imprisonment with prison labor, with the same kind of force; (d) the part of the damage amount was not recovered despite the above defendant's partial repayment of damage; and (e) the fact that the defendant was unable

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the records, such as the circumstances after the crime, the lower court’s punishment is too heavy or is deemed unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

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