All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant committed the instant crime that was denied by the lower court when the Defendant was in the trial for the first time, and that it is difficult to view the Defendant as a planned defraudation, the lower court’s punishment (six months of imprisonment) is too unreasonable.

B. Considering the fact that the Defendant committed the instant crime in conflict with the victim’s trust relationship and the victim sought a severe punishment against the Defendant, etc. because the Defendant committed the instant crime because it did not complete recovery of damage, the above sentence of the lower court is rather unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below sentenced the above sentence to the defendant on the grounds of sentencing as stated in its holding. The circumstances alleged by the defendant and the prosecutor are deemed to have been fully considered when determining the punishment in the court below, and there are no new sentencing data that could change the sentence of the court below, except for the facts denied by the court below, other factors such as the defendant's age, character, character, environment, criminal records, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered as appropriate, the court below cannot be deemed to have determined that the punishment of the court below is too heavy or excessive and exceeded the reasonable scope of discretion.

3. If so, the Defendant and the Prosecutor’s appeal are examined respectively.