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 all the instant crime, thereby reflecting the Defendant’s mistake in depth, and there is no record of punishment exceeding the same kind of punishment or fine, the lower court’s punishment (one year of imprisonment with prison labor, one year of suspended execution, one year of community service order, and 80 hours of community service order) is too unreasonable.

B. In light of the fact that the defrauded did not reach an agreement with the victim even though the amount obtained by deceit due to the instant fraud crime committed by the prosecutor, the above punishment of the lower court is too uneasible and 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 above circumstances alleged by the defendant and the prosecutor are deemed to have been fully considered in the court below's determination of the punishment at the court below, and the defendant and the victim did not submit new sentencing data that could change the punishment of the court below in the court below in the absence of voluntary conciliation between the defendant and the victim, and other factors of sentencing as indicated in the records of this case, including the defendant's age, character, conduct, environment, criminal records, criminal records, motive, means and consequence of the crime, circumstance after the crime, etc., the court below's punishment against the defendant cannot be deemed to have been deemed to have been deemed to have been deemed to have been adequate, too heavy or too heavy, and they exceeded the reasonable scope of discretion.

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