All appeals by the defendant and the prosecutor are dismissed.

1. On November 24, 2017, even if the Defendant received a notice of receipt of the records of trial from this court on November 24, 2017, he/she failed to submit a written reason for appeal within the submission period of the written reason for appeal. The petition of appeal does not state the reason for appeal, and the reason for ex officio examination on the records can not be

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal that the lower court rendered (7 million won in penalty) is deemed to be too unfluent and unfair.

B. The fact that the Defendant had the same criminal record is a disadvantage to the Defendant, and that the amount of damage to the instant fraudulent act is relatively large, and that the Defendant paid KRW 3 million out of the amount of damage is favorable to the Defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 346 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the defendant's appeal shall be dismissed by decision pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is decided as above, the defendant's appeal shall also be dismissed by decision.