A. The lower court’s punishment (two months of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the Defendant by the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. In this case’s judgment on the grounds of appeal, the punishment should be determined by taking into account the equity in the case where the judgment becomes final and conclusive at the same time with the case where the judgment becomes final and conclusive (Article 39(1) of the Criminal Act). The above crime of fraud, in which the judgment becomes final and conclusive, by deceiving the damaged party of the above crime of 85 million won as the business fund, and the Defendant is finalized by a sentence of 10 million won for the above crime, and most of the amount of the defrauded has not yet been repaid, and all other factors on the records and arguments of this case, such as the amount of fraud in this case, the background of the crime, the age of the accused, occupation, sex, family relationship, etc., and the circumstances after the crime, the lower court’s punishment against the Defendant is deemed to be within a reasonable scope and is too heavy or less to the extent that it is impossible

It is difficult to see it.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals filed by the Defendant and the prosecutor are without merit. It is so decided