All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Of the judgment of the court below by the public prosecutor, the part of innocence constitutes a mistake of fact, which affected the conclusion of the judgment.

In addition, the punishment prescribed by the court of the original instance (one year of imprisonment) is too unhutiled and unfair.

B. The above sentence determined by the court of the court of the court below is too unreasonable.

2. Examining the reasoning of the lower judgment’s acquittal and the evidence duly admitted and examined by the lower court as to the prosecutor’s assertion of mistake of the facts, the lower court’s determination that the Defendant was not guilty on the basis of such evidence determination is acceptable.

The judgment of the court below is not erroneous as it is alleged by the public prosecutor.

As to the unfair argument of sentencing between the two parties, the defendant did not begin to commit fraud from the beginning, but it seems that the business management is difficult, and the pressure of funds is severe to commit fraud.

It is an initial crime with no criminal history.

However, since the money by fraud is considerably large and most of the damage is not paid, the criminal liability of the defendant is not against the law.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is too unreasonable.

On the contrary, it shall not be considered that it is unfair as it is too unhutiled.

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

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.