All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of this case is that the defendant deceivings the victim and defrauds the 116.5 million won by deceiving the victim, and the nature of the crime is not less than that of the crime in light of the amount of defraudation, etc., but not yet agreed with the victim.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake. Since the crime of this case and the crime of fraud in previous records stated in the judgment of the court below are the concurrent crimes of the latter part of Article 37 of the Criminal Code, the punishment should be sentenced at the same time in consideration of equity with the judgment.

Considering the above conditions unfavorable or favorable to the defendant, and other conditions of sentencing as shown in the argument of this case such as age, sex, environment, etc., the sentence of the court below does not seem to be too heavy or unreasonable because it is within the proper scope of sentencing discretion. Thus, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.