A. In light of the fact that the defendant and his defense counsel (unfair form of punishment) reflects the defendant's wrong and partly recovered damage, the sentence of the court below that sentenced the defendant for eight months of imprisonment is too unreasonable.

B. In light of the following: (a) the Defendant, using trust relationship with the victim in this case, obtained a total of KRW 50,50 million from the victim; (b) the Defendant did not recover any particular damage; and (c) the Defendant was able to punish the Defendant; (b) the sentence imposed by the lower court is too uneasible; and (c) the sentence imposed by the lower court is unreasonable.

2. The judgment of this case is not appropriate that the defendant defrauded 50,500,000 won over a considerable period of time from the victim; the defendant was sentenced to criminal punishment on April 24, 2003, including imprisonment with prison labor for larceny and one year, three years of suspended execution, etc. at the Seoul Central District Court, and the victim was punished. Meanwhile, the defendant's mistake is against the defendant; in consideration of the motive and background of the crime in this case, circumstances before and after the crime in this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior, environment, etc., the sentence imposed by the court below is deemed appropriate, and it is not determined that the punishment imposed by the defendant is too heavy or too excessive.

Therefore, the above ground of appeal is without merit.

3. The appeal by the defendant and the prosecutor are 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.