All the defendant and prosecutor appeals are dismissed.

Summary of Grounds for Appeal

The sentence of imprisonment (two months of imprisonment) of the court below is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

Although the amount obtained by deceit due to the crime of this case reaches 28 million won, most of the acquired amount was not repaid in addition to the original amount deposited by the defendant in the original trial, the fact that most of the acquired amount was not agreed with the victim, and the fact that there was a history of punishment for the same crime is disadvantageous to the defendant.

However, there are extenuating circumstances where: (a) the Defendant led to the instant crime that led to deepening financial difficulties due to the circumstances such as not receiving the sales commission from the head office when it was made, while the Defendant received the direct sales store of H department stores in the state of financial shortage and operated in a form similar to the agency while he was working as a H staff company; and (b) the Defendant appears to have led to the instant crime.

In full view of the equity in the case where the first head of the crime in the judgment of the court below was judged simultaneously with each other, and all other sentencing conditions such as the defendant's age, character and conduct, environment, circumstances before and after the crime of this case, it is not recognized that the sentence of the court below is too heavy or unreasonable.

In conclusion, since all the defendant and the prosecutor's appeal are without merit, they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.