A. The punishment of Defendant 1’s court (one year and four months of imprisonment) is too unreasonable.

(b)the first instance sentence of the Prosecutor is too unhued and unreasonable;

2. However, it appears that the Defendant, once in the appellate trial, seems to have recognized all the crimes and divided the errors, paid 71 million won to the victim through the disposition of collateral and paid 65 million won or more to the victim under the name of interest, and the victim also has certain responsibility for the occurrence or expansion of damage due to the desire to make high profits in a short period, and the fact that the Defendant is the first offender may be considered as favorable circumstances for the Defendant.

However, the amount of defraudation (30 million won) of this case is high, and the victim wants to punish the defendant due to serious economic damage, and the defendant seems to have already been aware of the fact that the business of investment in the mobile phone subsidy of the "E" was fraudulent around December 2013, but it is not good to commit the crime of acquiring money from the victim by borrowing it, and the fact that the defendant still fails to repay a considerable amount of principal, etc. is a unfavorable condition against the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, career, home environment, motive and means of the crime, and circumstances after the crime, it is difficult to deem that the first instance sentence is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. If so, the appeal by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.