The victim C and G revoked a complaint against the defendant at the investigation stage, and the defendant submitted a written agreement that he/she agreed with C when he/she was in the trial, and the defendant was detained for more than four months on the ground that he/she possessed a forged passport and illegally entered the country, and the fact that the defendant has no record of being punished by imprisonment without prison labor or more is favorable to the defendant.

On the other hand, the victim C and G did not receive substantial damage repayment from the defendant, and the defendant did not have received a judgment from China as the crime of this case, and it is difficult to view that the cause of the above detention and the crime of this case are accurately identical, the amount of the crime of this case reaches KRW 130 million, and the victim C and M suffered additional damages of KRW 20 million or KRW 100 million by subrogation based on the guarantee in addition to the amount of the fraud, in addition to the amount of fraud, the victim C and M suffered additional damages; the defendant left Korea on June 2007 on the ground of recovery of investment and stayed in China for a long time, and avoided repayment and criminal punishment; other methods of the crime of this case, background, circumstances after the crime of this case, the defendant's age and character, occupation, etc., the defendant's assertion that the punishment of the judgment below is too heavy or that all of the defendant and the prosecutor's arguments are less reasonable.

Therefore, 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.