All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years and eight months of imprisonment and fine of 300,000 won, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the Defendant shows an attitude against the Defendant when recognizing the instant crime, and the Defendant was rendered a decision of unconstitutionality by the Constitutional Court regarding the corresponding provision of the crime of larceny, which was originally applied to the Defendant, and the Defendant was punished as habitual larceny under the minor Criminal Act through a retrial, is favorable to the Defendant.

However, in light of the crime of this case’s circumstances, such as the Defendant’s access to the victim by driving the Ortoba, and then theft of the property equivalent to KRW 110 million from the victims by hand, etc., the crime of this case’s penality is considerably inappropriate in light of the method and content of the crime, etc., and the Defendant’s past record of having been punished several times as the same crime, and the Defendant did not recover damage, and other unfavorable conditions of sentencing as indicated in the argument of this case, such as the Defendant’s age, character and conduct, environment, and criminal history, etc., the sentence imposed by the lower court cannot be deemed to be too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.