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

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment is a favorable circumstance that the defendant led to the confession of the crime of this case and reflects his mistake, and that there is no criminal record for the same kind of offense.

On the other hand, there is no change in circumstances that can be reflected in the sentencing after the sentence of the lower judgment, such as that the money obtained by deception of this case is not 21 million won in total, and that it is not agreed with the victim.

In addition, taking account of the following factors: Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable as it is deemed that the Defendant’s punishment is too heavy, and thus, 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 pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That in accordance with Article 25(1) of the Regulation on Criminal Procedure, the "six months" of the first sentence of the third part of the judgment of the court below (the decision of sentence) shall be deemed to be "four months of imprisonment," and correction shall be made ex officio.