2. The crime of this case is an unfavorable circumstance to the defendant, such as that the crime of this case was committed in a case where the defendant acquired a total of 34 million won from the damaged person on the pretext of borrowing money, and that the crime of this case was committed in a case where he acquired a total of 34 million won from the damaged person on three occasions, and that there was a record of criminal punishment for the same crime even before the defendant, and that the defendant was punished several times on May 18, 201 by imprisonment with prison labor for a crime of fraud in the military support of the Jeonju District Court on May 18, 201 and completed the execution of the punishment on August 8, 2

On the other hand, the fact that the defendant recognizes the crime of this case and reflects the mistake in depth, that the injured person does not want the punishment of the defendant, and that the defendant must support the wife and the third child, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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