All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there is a big amount of damage exceeding 68 million won, and there is no recovery from damage up to the trial. Even if the Defendant borrowed money from the victim in the course of the individual rehabilitation procedure at the time of first lending of money from the victim, the Defendant did not have the ability to repay the money. Although he was well aware of the fact that the victim borrowed the money by means of cash services, there was a lack of the nature of the crime, such as making the amount of KRW 40 million out of the acquired money, and making it difficult for the victim to purchase the sports lottery tickets, and the victim is suffering from considerable economic suffering.

On the other hand, the damage has been expanded by continuously lending money without viewing the defendant's belief that the victim would make repayment only at the end of the defendant, the defendant's economic situation, ability to repay, etc., and the fact that the defendant is the first offender is favorable.

In addition, considering all the sentencing conditions, such as the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, the court below's punishment is too heavy or unreasonable. Thus, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.