2. It is recognized that the Defendant recognized the instant crime and against the mistake when the judgment was rendered in the first instance, and that the equity with the case of the judgment should be considered at the same time as that of the judgment in the final judgment, and that the Defendant repaid KRW 45.9 million to the victim.

However, the Defendant committed the instant crime even if he/she was sentenced to imprisonment with labor for a period of one year and four months on December 4, 2009 due to fraud, etc. and had been punished for a repeated crime on February 22, 2010. The instant crime is deemed to have committed the instant crime under the circumstances unfavorable to the Defendant, such as the Defendant’s deception by the victim, and the Defendant acquired a total amount of KRW 200 million, and most damage has not been recovered even though the amount of damage was a large amount of damage, etc., and there is no special circumstance or change that may be newly considered in sentencing after the sentence of the lower judgment. In addition, comprehensively taking account of the various circumstances, such as the Defendant’s age, sex, sex, environment, motive, means and method of the instant crime, and the circumstances after the crime, etc., as well as the sentencing conditions indicated in the instant arguments and records, it is not recognized that the sentence imposed by the lower court

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.