All appeals by the prosecutor and the defendant are dismissed.

1. The gist of the grounds for appeal asserts that the court below’s punishment (two years of suspended sentence and two hours of community service order in February of one year and two months) is too unreasonable for the defendant, and that the prosecutor is too uneasible and unfair for the prosecutor.

2. Determination of the facts that the amount obtained by the Defendant through the instant fraud crime is up to KRW 90 million, the victim wants to punish the Defendant, the Defendant uses a knife, which is a deadly weapon, and threatens the victim, and thereby has a significant nature of such crime, and the Defendant has a record of being punished for the same crime, such as fraud and violence, etc., that is disadvantageous to the Defendant.

On the other hand, the crime of fraud of this case was established in the partnership relationship between the defendant and the victim, and there was a dispute between the defendant and the victim on the amount of settlement to be paid to the victim. Even according to the victim's assertion, the victim was refunded 21.3 million won from the defendant's side, and the defendant deposited 40 million won in the court below for the victim, and the violence of this case was threatened by the defendant, and the confession was made by the defendant in the trial.

In full view of the circumstances that are conditions for sentencing, such as age and happiness environment of the defendant, including the above poor circumstances, the sentence imposed by the court below appears to be appropriate, and thus, the arguments of the defendant and the prosecutor disputing the sentence are not acceptable.

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