All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The amount embezzled by the defendant exceeds 60 million won.

The defendant did not agree with the victim.

On the other hand, the defendant has the following favorable circumstances.

The defendant recognized the crime of this case and is against the law.

The defendant has no record of criminal punishment prior to the crime of this case.

The victim, while running the business related to Bitcoin with the defendant, has taken a passive position on raising a considerable amount of profit and settlement, and such circumstance seems to be one of the causes leading the defendant to commit the crime of this case.

In light of the circumstances favorable to the defendant and the unfavorable circumstances, and the fact that there is no change in the sentencing conditions compared to the original judgment because new sentencing materials have not been submitted in the recommendation type and the trial of the Sentencing Committee, it cannot be said that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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