A. Defendant 1) In fact, Defendant 1 did not intend to defraud the victims by deceiving them from the beginning, but did not pay the price of goods to the victims due to unavoidable circumstances, such as damage in the process of resale of fishery products or failure to recover the amount of investment.

Nevertheless, the court below found the defendant guilty of the facts charged and erred by mistake of facts.

2) The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

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

2. Determination

A. The Defendant alleged not guilty of the facts charged in the instant case in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, but the lower court, on the grounds stated in its reasoning, did not have any intent or ability to pay the price

In view of the facts charged of this case, the lower court convicted the Defendant.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. As stated in its reasoning, the lower court’s determination on each of the unfair sentencing arguments by the Defendant and the prosecutor is appropriate, comprehensively taking into account the circumstances favorable or unfavorable to the Defendant, and the sentence imposed on the Defendant is too heavy as alleged by the Defendant, or is not too minor as alleged by the prosecutor.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. The appeal filed 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. It is so decided as per Disposition.