A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In light of the fact that the sum of the money obtained by the Defendant from the victims is a large amount of KRW 420,000,000,000,000, excluding the following KRW 97,000,000, and that most of the remaining damages have not been paid, the victims want to punish the Defendant (the victim C submitted a written application for the punishment of the Defendant again in the first instance) and that the Defendant received a fine of KRW 5 million on March 7, 2016 and received a criminal conviction of the same kind, it is inevitable to sentence sentence.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant recognizes and reflects the crime, the fact that the defendant has repaid part of the amount acquired by defraudation to the victim C (as approximately KRW 97 million), the fact that the defendant has no criminal record other than the fine, the fact that there is a family member to support the defendant, etc., and other circumstances that form the conditions for sentencing in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, etc., it is not determined that the punishment imposed by the court below is too heavy or unreasonable.

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