All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (four months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The circumstances favorable to the defendant include the fact that the defendant appears to have the attitude to recognize and reflect the crime of this case, that the defendant paid 2 million won to the victim before the court below was sentenced, and that there is no previous charge.

Meanwhile, the amount acquired by the Defendant through the instant crime is a large amount of KRW 40 million, and the method of committing the crime was defective, and the Defendant did not make any effort to recover damage for more than five years after the instant crime to the victim immediately before the sentence of the lower judgment was rendered, prior to the transfer of KRW 2 million to the victim, and the victim did not lose the Defendant’s claim for the refund of lease deposit, thereby incurring damages for delay exceeding KRW 10 million, in addition to the principal amount of the deposit, in addition to the damages for delay exceeding KRW 40 million.

In addition, when comprehensively considering all the sentencing conditions specified in the pleadings of this case, such as the Defendant’s age, character and conduct, environment, and circumstances of the crime, the lower court’s punishment is too heavy or is deemed unreasonable.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor 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.