All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment, two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination is based on the following circumstances: (a) the sum of the instant damages is KRW 25 million; (b) the Defendant had a criminal record of fraud and embezzlement; and (c) the amount of the said damage has not been recovered.

On the other hand, it is favorable that the defendant's mistake and reflects his fault when it comes to the trial, that the above fraud and embezzlement are punished by a fine, and that the victim is also responsible to some extent for the occurrence of crime or the expansion of damage.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.