All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Regarding the fraud of the victim K and N, the Defendant borrowed money from the victim K and N for the purpose of operating the mobile phone agency business, and the Defendant did not have any financial power at the time.

Even if the head office is recognized as agency's business ability, it is possible to repay the borrowed money due to subsequent business profit-making, and the above victims who worked together with the defendant borrowed money with the knowledge of the defendant's agency's operation plan, etc., so the defendant did not receive money in the name of the borrowed money by deceiving the victim K and N, but did not receive money in the name of the borrowed money.

(B) In relation to the fraud of the victim P, the Defendant entered into a store lease agreement to establish Q agency in accordance with an investment contract with the victim, and actually carried out the preparatory procedure for the establishment of an agency by appropriating part of the investment funds received from the injured party to the down payment, but the failure to establish a Q agency is not the intention or ability to establish an agency from the beginning, because of the increase of profitability, etc.

B. The victim P did not receive money in the name of the investment fund by deceiving the victim P without any intention or ability to return the investment fund in the future and deliver the proceeds, because the victim P invested the above money to H that the defendant operated and used part of the money as the operating expenses of the existing J agency, and therefore the defendant did not receive money in the name of the investment fund.

(C) Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of all the charges of this case.

(2) In light of the fact that the criminal defendant was in an economically difficult situation, the lower court’s sentence that sentenced one year and six months of imprisonment is too unreasonable.

B. The prosecutor (unfair sentencing) defendant each of the instant cases.