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

B. The prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is an unfavorable circumstance, such as that the defendant pretended to sell various goods, such as tools, etc. in the Internet market, and acquired money exceeding KRW 5 million from 39 victims in total, and the nature of such crime was very poor and the liability for the crime was grave, the damage was not recovered, the defendant was not able to receive from the victims, and the defendant continued to commit a crime even before the arrest of the investigative agency.

On the other hand, considering the following facts: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; (b) the amount of damage is extremely excessive; (c) the Defendant was sentenced to a fine of KRW 1 million for fraud in 2007; and (d) a fine of KRW 300,000 for the crime of the establishment of a foundation for the Republic of Korea in 2009; and (c) there was no other criminal record other than the Defendant’s age, character and behavior, environment, motive, background, means and consequence of the instant crime; and (d) the sentencing of a similar case as shown in the instant records and pleadings, such as the circumstances after the crime, etc., as alleged by the Defendant, it cannot be deemed that the lower

Therefore, we cannot accept all the above arguments of the defendant and prosecutor.

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