All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The punishment of the court below (4 months of imprisonment) is too unreasonable.

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

Judgment

The defendant's mistake is recognized, the amount of fraud and theft damage is relatively small, and the fact that the thief was returned to the victim is favorable.

On the other hand, the fact that criminal records, including punishment, are several times, the crime was committed during the period of repeated crime, and that it did not agree with the victim of fraud or recover damage until this court is disadvantageous.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.