All appeals by prosecutors are dismissed.

A. The sentence of the lower court against the Defendant (4 years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case, based on the judgment, was committed by deceiving the victims of personal trust relationship with the defendant, and acquired the total amount of KRW 2.388 million under the pretext of investment. In light of the content of the crime and the amount of fraud, the criminal liability is heavy, the defendant did not agree with the victims, and the victims want to be punished by the defendant, which is disadvantageous to the defendant.

However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake in depth, that the defendant was the first offender who has no record of criminal punishment so far, that the defendant appears to have paid some amount of money under the name of interest, etc. to some victims for a considerable period of time, and that the defendant is in a difficult situation to live

On the other hand, under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists a unique area of the first instance court's sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances of the recognized defendant do not constitute a special change of circumstances that could change the original court's punishment after the sentence of the original court was sentenced, and it does not seem that the defendant's punishment is too somewhat somewhat unfavorable or unreasonable, taking into account all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, and environment, etc.

3. In conclusion, the appeal by the defendant and the prosecutor is justified.