2. In full view of the following factors: (a) the Defendant committed the instant crime; (b) the Defendant committed the instant crime; (c) the Defendant had no record of having been sentenced to a fine; (d) the Defendant used a stolen transfer certificate form to commit the instant fraud; and (c) the method of the commission of the relevant crime is intelligent; and (d) the Defendant did not take measures to compensate the damage by depositing money in a large amount near 40 million won; (b) the Defendant did not agree with the victim or deposit money with the victim; (c) the Defendant did not take measures to compensate for the damage; and (d) other unfavorable conditions of the Defendant’s severe punishment until the victim was in the trial; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and behavior environment; and (e) the conditions before

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