All appeals by the defendant and the prosecutor are dismissed.

1. Summary of reasons for appeal (to the extent of supplement in case of each defense counsel's written opinion submitted after the lapse of reasons for appeal);

A. Defendant 1) In the course of engaging in a business with the victim G, the Defendant used the loan granted in the said victim’s name for the purpose of operating the company and living expenses, and there is no deception by deceiving the said victim.

In addition, since the Defendant paid a considerable portion of the vehicle sirens expenses with the money borrowed from the victim G and other victims, it cannot be readily concluded that the total amount of the sirens is the amount of damage.

2) The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. In light of the circumstances, namely, the degree of the victim G’s participation in the business, such as “L” and “E,” the relationship with the defendant, and the fact that the defendant’s personal history, use of funds, etc. notified by the above victim for a long time since the above victim’s name as well as his/her own financial history and use of funds, etc., which were revealed by comprehensively taking account of the evidence duly adopted and examined by the court below as to the defendant’s misunderstanding of the facts or misunderstanding of the legal principles, the fact that the defendant deceivings the victim G as stated in the judgment of the court below and obtained pecuniary benefits equivalent to the loan that the above victim received from the above victim’s remittance of the loan, or obtained by using the said victim’s vehicle after

In addition, even if the defendant paid a considerable portion of the siren's money acquired through another fraud crime, as alleged by the defendant, the defendant deceivings the victim G and uses the siren's vehicle in the above victim's name.