All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (a fine of four million won) is too unhued and unreasonable.

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

2. The fact that the Defendant was punished by a fine due to other crimes, and the crime of this case was committed against the Defendant, despite the Defendant and B agreed to lend money to the borrower with the victim’s funds and distribute the profits therefrom, the Defendant and B abused that the borrower received the repayment from the borrower and embezzled the repayment amount, and it is difficult to view that the amount of the damage suffered by the victim is small in size due to the crime of this case.

However, the Defendant did not have any history of punishment for the same kind of crime, and it seems that the Defendant committed the instant crime because of economic difficulties at the time, and most of the benefits accrued from the instant crime appears to have been used individually by the Defendant. The degree of participation of the Defendant in the instant crime and the criminal proceeds therefrom do not seem to be significant; the Defendant appears to have been able to recover most of the damages suffered by the victim by mutual consent with the victim after the instant case; the Defendant’s mistake was divided and reflected against the Defendant, etc. are favorable to the Defendant.

In full view of such various factors of sentencing and the defendant's age, environment, character, conduct and economic conditions, etc., it is difficult to view the sentencing of the court below as being too weak or unreasonable, and each of the above arguments of the prosecutor and the defendant are without merit.

3. In conclusion, since each appeal by the prosecutor and the defendant is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.