Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Fact-finding (defendant) The victim is merely a partner who bears the operating fund of D Co., Ltd., and there is no fact that the defendant deceivings the victim and defrauds each of the money stated in the facts charged in the instant case.

B. The defendant asserts that the punishment of the court below is too unreasonable since the sentence of the court below (4 months of imprisonment) is too unreasonable. The prosecutor asserts that the court below's punishment is too unfluent and unfair.

2. Determination

A. In the lower court’s judgment as to the Defendant’s assertion of mistake of facts, the Defendant asserted the same as the above in the trial, and the lower court determined that the Defendant was guilty on the instant facts charged by taking account of the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasoning of the instant case’s argument of unfair sentencing as to the Defendant and the Prosecutor’s argument of sentencing and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the grounds for sentencing asserted by the Defendant and the Prosecutor, and no special circumstance exists to the extent that the lower court’s punishment

3. In conclusion, the appeal 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.