All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (three months of imprisonment) is too unhued and unfair.

B. The above sentence imposed by the court below is too unreasonable.

2. The fact that the Defendant appears to have committed the instant crime due to the lack of economic circumstances at the time, and the fact that part of the damage suffered by the victim D appears to have been recovered due to the instant crime is favorable to the Defendant.

However, even though there was a history of punishment for suspended execution due to other crimes, the defendant was punished for the defendant's considerable debts at the time, and there was no financial situation, if the defendant lent funds necessary for the purchase of the hotel of this case to the victim, it would be false as if he would pay the victim with big profits, and it would be not good to the method, circumstance, and crime quality of the crime, such as receiving 25 million won from the victim and receiving the money from the victim, and the damage incurred due to the crime of this case has not been properly recovered even recently. Nevertheless, even recently, even though the defendant recently attempted to acquire the hotel of this case by distorted the facts of this case and justified his act, it is difficult to say that the defendant is divided or against his mistake, such as the defendant's attempt to actually distort the facts of this case, and argued that the defendant did not prepare additional funds, but at least KRW 00,000,000 is necessary to purchase the hotel of this case, in light of the fact that the defendant claimed to have not been able to invest more than the amount of money at the time.

personal obligations, rather than that.