A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In light of the following circumstances: (a) damage caused by the instant crime was not recovered from the name of approximately KRW 141 million up to the trial; (b) planning real estate-related crimes are disadvantageously adverse to the fact that there is a substantial social side effect, such as distortion of real estate transaction order; and (c) each crime of fraud, etc. of the first head of the crime in the judgment of the court below, which became final and conclusive, is in a concurrent crime under the latter part of Article 37 of the Criminal Act; and (d) the fact that the Defendant reflects his mistake is favorable. In full view of such other factors as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is too heavy or unreasonable.

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.

[However, pursuant to Article 25 of the Rules on Criminal Procedure, " May 17, 2012" in Part 16 of the judgment of the court below shall be deemed to be " May 25, 2012", "1. G" in Part 7 shall be deemed to be "1. A prosecutor's statement of prosecutor's office", and "1. Before the judgment of the court: : A criminal investigation report (No. 21 of the evidence list), an investigation report (Attachment of a suspect-related judgment of the same kind A)" shall be deemed to be added in Part 16 of the judgment of the court below, "the latter part of Article 37 of the Criminal Procedure Act, and Article 39 (1) of the Criminal Procedure Act," respectively.