All the defendant and prosecutor appeals are dismissed.

Summary of Grounds for Appeal

The sentence of the court below (the imprisonment with labor for 10 months) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant intentionally deceives the victim by deceiving the victim, thereby taking property through intimidation, and the nature of the crime is not good, that the amount of damage to the crime of this case is not fully repaid, that the defendant has been punished several times for the same crime, and that the defendant committed the crime of this case during the period of repeated crime, in particular, during the period of repeated crime.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects the mistake; and (b) the amount of damages incurred by the instant fraud was repaid most.

In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from October to March 1: The first category (less than 30 million won) of the crime of public conflict, the first category of the crime of public conflict (less than 30 million won), the special prison (in a case where the criminal prison method is very poor), the decision of the recommended area, the scope of the recommended sentence (in a case where the criminal prison method is determined), the second category of the crime of fraud, the first category (less than 100 million won), the special prison, the decision of the recommended area (in a case where there is no special prison), the scope of the recommended sentence (in a case where there is no basic area), the scope of the recommended sentence (in June to June 16), and the final sentence scope following the aggravated punishment: the defendant's age, character and behavior, environment, the circumstances before and after the instant crime, etc. are considered to be too heavy or unreasonable.

In conclusion, since the defendant and the prosecutor's appeal 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.