All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

(a) Prosecutor: The sentence of the lower court (eight months of imprisonment) is too unhued and unreasonable;

B. Defendant: The sentence of the lower court is too unreasonable.

2. The fact that the amount of fraud exceeds 10 million won, that the substantial part of the amount of fraud is not returned, that the victim is punished by the defendant, and that there is a criminal record of the same kind of crime is disadvantageous.

However, it is favorable that 30 million won has been deposited for the victim, that the balance between the judgment and the case of fraud should be considered at the same time with the judgment of the court below, and that it reflects the crime.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the arguments, it cannot be deemed that the sentence of the court below is too weak or too unreasonable.

Therefore, the prosecutor and the defendant's assertion of unreasonable sentencing is without merit.

3. The appeal by the conclusion 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.