A. Defendant 1) The money that the Defendant acquired by mistake of fact is not KRW 130,260,000, but KRW 40 million.

Nevertheless, the court below recognized the money acquired by the defendant as KRW 130,260,000 and erred by mistake of facts.

2) The sentence of the lower court’s improper sentencing (one hundred months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court found the Defendant guilty of this part of the facts charged on the basis of the evidence duly admitted and examined, such as the victim’s legal statement in the lower court, each loan certificate, factual confirmation, and loan certificate.

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the court below's finding the defraudion amount stated in the facts charged is just and acceptable, and there is an error of law as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. As stated in its reasoning, the lower court’s determination on each of the unfair sentencing arguments by the Defendant and the prosecutor is appropriate, comprehensively taking into account the circumstances favorable or unfavorable to the Defendant, and the sentence imposed on the Defendant is too heavy as alleged by the Defendant, or is not too minor as alleged by the prosecutor.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

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