A. The Defendant asserts that the punishment imposed by the lower court (eight months of imprisonment) is too large and unfair.

B. The prosecutor asserts that the above sentence imposed by the court below is too unfilled and unfair.

2. It is recognized that the defendant recognized his mistake and reflected his mistake, and the crime of this case is related to the crime of fraud and the crime of this case after Article 37 of the Criminal Act as stated in the judgment of the court below, and thus, the punishment should be imposed at the same time in consideration of equity with the case of judgment

However, considering the fact that the amount of fraud in this case exceeds 60,100,000 won, and that there was no submission of particular data about the victim's recovery even after the lapse of four years after the crime, etc., circumstances unfavorable to the defendant should be considered as unfavorable to the defendant. In addition, in full view of the various circumstances, including the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the judgment of the court below, etc., and the sentencing conditions indicated in the present arguments and records, such as the crime, etc., as well as the circumstances after the crime, it is not recognized that the punishment imposed by the court below is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.