All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The amount of KRW 70 million paid by the injured party to the defendant (misunderstanding of facts and misapprehension of legal principles) is only an economic subsidy provided to help the defendant, not a loan.

Even if a loan is a private loan, the defendant received a loan in a deferred relationship with the victim living together by informing him/her of his/her difficult economic situation. Thus, the defendant was accused of the victim or had the intention of defraudation.

shall not be deemed to exist.

B. The prosecutor (unlawful in sentencing) sentenced by the lower court (one hundred months of imprisonment and two years of suspended sentence) is too unhutiled and unfair.

2. Determination

A. The Defendant also asserted that the lower court erred by misapprehending the legal doctrine on the Defendant’s factual misunderstanding and misapprehension of the legal doctrine, and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination of the lower court.

In light of the evidence duly adopted and examined by the court below, the court below is justified in finding the fact that the defendant, although the defendant did not intend to repay the borrowed money, deceiving the victim and defrauding the victim KRW 70 million, and recognized the criminal intent of defrauding the defendant.

We do not accept the Defendant’s factual mistake and misapprehension of legal principles.

B. The lower court’s judgment on the prosecutor’s unfair argument of sentencing appears to have determined the sentence in full consideration of various favorable circumstances against the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, taking into account the following circumstances, such as the Defendant’s age, sex, environment, circumstances after the crime, and circumstances after the crime, various sentencing conditions as indicated in the instant case and the theory of changes, it is not recognized that the sentence imposed by the lower court is too unfasible and unfair.

We do not accept the prosecutor's improper argument of sentencing.

3. 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 ordered as per Disposition.