All appeals filed by the defendant and prosecutor are dismissed.

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (four months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.

2. We examine both parties’ assertion of unfair sentencing.

The circumstance favorable to the defendant is that the defendant is led to confession and reflect, the defendant pays 70 million won to the victim D (hereinafter referred to as "victim"), deposits 13.3 million won to the victim, the defendant is in a position to support his/her wife and her child, the defendant has no criminal records for the same kind of crime, and there is no other criminal records except once the amount of fine due to the violation of the Military Service Act.

On the other hand, the crime of this case was committed by the Defendant by deceiving the victim and deceiving the victim under the pretext of the loan, and the case was not less than that against the victim, and the victim was unable to reach an agreement with the victim up to the trial, and the fact that the victim wanted to take a strict punishment against the defendant is disadvantageous to the defendant.

In full view of the circumstances seen earlier, the Defendant’s age, character and conduct, environment, and other various circumstances that form the conditions of sentencing as shown in the instant argument, including the circumstances after the crime, etc., the lower court’s sentence on the Defendant cannot be deemed as heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.