All appeals filed by the defendant and prosecutor are dismissed.

The gist of the grounds for appeal by the defendant is that the sentence of the court below (three years of suspended sentence for two years of imprisonment) is too unreasonable, and the summary of the grounds for appeal by the prosecutor is unreasonable because the sentence of the court below is too uneasible.

The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of and reflect against the instant crime; (b) the Defendant was punished by a fine for the previous offense; (c) the victim did not want to punish the Defendant; and (d) the Defendant was trying to recover damage by paying KRW 5 million to the victim in the trial; and (c) the Defendant has been making efforts to recover damage.

On the other hand, the fraud of this case reaches KRW 350 million, and the fact that the damage of this case has not been recovered is disadvantageous to the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, the background and motive of the instant crime, and circumstances after the instant crime, etc., the sentence of the lower court does not seem to be too heavy or too unreasonable, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is without merit.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.