All appeals by the defendant and the prosecutor are dismissed.

The costs of lawsuit by the court below shall be borne by the defendant.

1. The grounds for appeal by the prosecutor are the reasons for appeal by the defendant that the punishment prescribed by the court of the original instance (one hundred months of imprisonment) is too unreasonable, and that it is too uneasible and unfair.

2. The defendant does not have the same criminal records and has no criminal records during the last ten years.

There is also a circumstance that is the basic recipient and the disabled.

However, the criminal liability of the defendant is not against the law.

Using the trust relationship with the defendant, the victim obtained a large amount of money from the victim, but did not make efforts to recover the damage properly.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, comprehensively taking into account the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the situation before and after the crime, the sentence of the court below is too heavy.

It can not be seen too that it cannot be seen as too less and less, so it shall not be considered to be unfair.

3. In conclusion, the grounds for appeal by the defendant and the prosecutor are not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is reasonable for a defendant to bear the costs of lawsuit in the original judgment (referring to the costs related to witnesses). If an appeal is dismissed against the original judgment that did not state any of the main text and reasons as to the bearing of the costs of lawsuit, the appellate court may decide whether to bear the costs of lawsuit together with the costs of lawsuit in the first instance court, and the burden of the costs of lawsuit is not subject to the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act (see Supreme Court Decision 200Do12840, Dec. 24, 2009). However, the national defense counsel in the appellate court is the national defense counsel.