Defendant

All appeals by prosecutors are dismissed.

The summary of the grounds for appeal (the accused and the prosecutor) is too heavy or too unfasible to the punishment sentenced by the court below (eight months of imprisonment).

Judgment

In full view of the following circumstances: (a) the Defendant committed the instant crime during the period of repeated crime due to the same criminal fraud; (b) the amount of damage to KRW 37 million has to be severely punished by the Defendant as he/she did not agree with the victim until his/her name was in the trial; (c) the Defendant led to the instant crime; (d) the Defendant has no criminal power until he/she committed the instant crime; and (e) other various circumstances, which are the conditions for sentencing as specified in records and pleadings, are not deemed to be too weak or too unreasonable for the sentence imposed by the lower court.

In conclusion, the appeal 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.

(However, the first head of the crime at the time of the original adjudication "the defendant is sentenced to eight months of imprisonment for fraud at the Incheon District Court on July 25, 2005" is clear that "the defendant is sentenced to ten months of imprisonment for fraud at the Incheon District Court on July 25, 2007." Thus, the defendant is correct ex officio in accordance with Article 25 of the Rules on Criminal Procedure.