All appeals by the defendant and the prosecutor are dismissed.

The defendant shall obtain the amount of 11,300,000 won by fraud from the applicant D.

1. Summary of grounds for appeal;

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

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

2. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court by destroying the first instance judgment solely on the ground that the difference between the opinion of the appellate court and the opinion of the appellate court is somewhat different (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the ground that new sentencing materials are not submitted in the first instance court, and in full view of all the sentencing grounds stated by the lower court, it is not recognized that the sentencing of the lower court is too heavy or excessive (i.e., the Defendant is a repeated offender, taking into account the number of the Defendant’s children, and considering the fact that the Defendant has the same kind of power.

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, and pursuant to Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the defendant shall be ordered to compensate for 1.3 million won, and a provisional execution shall be ordered pursuant to Article 31(3) of the same Act. It is so decided as per Disposition.