Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In the first instance, the Defendant recognized and reflected the instant crime.

The equity between the judgment of the court below and the judgment of the court below shall be taken into consideration.

The amount of damage is not relatively large.

The defendant does not have any other criminal records, in addition to punishment of a fine due to a violation of the National Technical Qualifications Act in 1993 before criminal fraud, which is in the latter part of Article 37 of the above Criminal Code.

The defendant deposited 4 million won for the victim in the first instance.

On the other hand, the defendant led the crime of this case and has not yet been fully recovered from damage.

The crime of this case is committed by the Defendant in violation of the fiduciary relationship with the victim, thereby seeking his own interest, and is not good in light of the background, method, etc. of the crime.

Considering the above circumstances in light of the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and the circumstances after committing the crime, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant and the prosecutor’s assertion of unfair sentencing is too heavy or unreasonable. Thus, all of the grounds of unfair sentencing are without merit.

3. According to the conclusion, the appeal 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.