All appeals filed by prosecutors and defendants are dismissed.

1. As to the summary of the grounds for appeal, the prosecutor asserts that the defendant's punishment (eight million won of fine) declared by the court below is too uneasible and unreasonable, and the defendant asserts that it is too unreasonable.

2. Even if the Defendant borrowed money from the victim but did not have the intent or ability to repay it, the Defendant acquired the money by taking advantage of the personal trust relationship with the victim who was a 16 million won by taking advantage of the victim. Although there are unfavorable circumstances such as the nature of the crime and the fact that the Defendant did not agree with the victim, there are also extenuating circumstances, such as the fact that the Defendant recognized the instant crime and divided his mistake, and that there is no same kind of power.

In addition, considering the age, character and conduct, family relationship, environment, motive, means and method of the instant crime, circumstances after the instant crime, etc. as well as the various sentencing conditions shown in the records and pleadings, it is difficult to deem that the sentence imposed by the court below is too heavy or unreasonable. Thus, the prosecutor and the Defendant’s above assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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.