All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (a 3 years of imprisonment, confiscation) is too unreasonable.

B. Prosecutor 1) misunderstanding of the legal principles (not guilty part): The crime of this case was committed by deceiving the victim, leading him to keep the money in the house, and attempted to obtain money stored in the house by finding out the entrance door password from the victim, and informing the victim of the victim of the entrance password, etc. can be deemed as impliedly and there was an intention to deliver cash and a disposal act. Therefore, the judgment of the court below not guilty of attempted fraud among the facts charged of this case on the ground that there was no disposal act, is erroneous in the misapprehension of the legal principles, which affected the conclusion of the judgment. 2) Unreasonable sentencing: The court below'

2. Determination

A. When the prosecutor’s indictment to revise the indictment was pending in the trial, he/she primarily maintained the attempted fraud among the facts charged in the instant case, and applied for the amendment of the indictment to add “Article 342 and Article 329 of the Criminal Act” to the ancillary provisions of the applicable provisions of the indictment corresponding thereto, and the subject of the trial was changed by this court’s permission. Therefore, this court has determined whether the principal facts charged and the ancillary facts charged were guilty or not, and then determined the Defendant and the prosecutor’s assertion of unfair sentencing in sequence. (B) On April 10, 2016, the prosecutor’s assertion of the misapprehension of the legal principles as to the prosecutor’s primary facts charged (the attempted charge), and on April 28, 2016, the conciliation staff in the summary of this part of the facts charged were released by phone call to the victim Jin-gu, Seo-gu, Seo-gu, 102 1503 dong, and then disclosed personal information.

It is intended to connect investigators.

The investigator shall be asked at this point, so that he can see theme.

The police station investigator is currently the police station investigator, and the bank immediately withdraws all the money in the passbook and keep it in the house.

money is found.