(A) The prosecutor stated that the defendant should be punished by imprisonment with prison labor for one year (the prosecutor stated that the defendant should be punished by imprisonment with prison labor). 2. The fact that the defendant's judgment is that most of the acquired money is obtained by using it to remodel the hotel of this case

On the other hand, there is a large amount of damage by deceiving money that the defendant reaches 70,800,000 won, and the previous was subject to criminal punishment several times of fraud.

In addition, since the defendant received money from the victims in 2009 as lease deposit and borrowed money until now, the victims have been suffering from long economic difficulties and the defendant's punishment is an element of sentencing unfavorable to the defendant.

In addition, considering the fact that the sentencing conditions, such as the age, character and conduct, environment, etc. of the defendant and the lowest scope of the sentencing guidelines in this case are six months of imprisonment (the basic area of fraud / [type 1] below 100 million won), the punishment determined by the court below against the defendant is within the scope of reasonable discretion and is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument is without merit.

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