All appeals filed by prosecutors and defendants are dismissed.

1. Regarding the summary of the grounds for appeal, the prosecutor asserts that the defendant's punishment (eight months of imprisonment) declared by the court below is too unfasible and unfair, and the defendant asserts that it is too unfair.

2. The fact that the amount of this case’s defraudation exceeds approximately KRW 36 million is agreed with the victim or the damage has not been recovered, the defendant can have the criminal records of the same kind of crime, and the victim wanted to be punished, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant is recognized as committing the crime and is against the law, that the amount of profit actually acquired by the defendant is less than the amount of the above fraud, and that there is no record of the same crime after being punished by a fine in 2006, etc. is favorable to the defendant.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sexual conduct, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence of the lower court is appropriate.

It is not recognized that it is too poor or too poor.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.