All appeals by the defendant and the prosecutor are dismissed.

1. According to the records of the judgment on the Defendant’s appeal, the Defendant submitted a petition of appeal on August 25, 2016 without stating the grounds for appeal in this court. On September 26, 2016, even if he/she received a notice of receipt of the records of trial on September 26, 2016, he/she may recognize the fact that he/she did not submit the statement of grounds for appeal within 20 days from the receipt of the due

Therefore, the defendant's appeal should be dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is decided, the defendant's appeal shall also be dismissed in the judgment.

2. Judgment on the prosecutor's appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (6 months of imprisonment) is too unfluent and unreasonable.

B. The crime of this case is an unfavorable circumstance, where the Defendant borrowed 40 million won from a person who is the nearest person for business purposes, etc. to obtain money from the victim, and the nature of the crime was bad, and the damage was not recovered to the depth of the party, and the victim wanted to make a severe punishment against the Defendant.

However, the fact that the defendant has no record of the same crime or crime exceeding fines, and that the substantial part of the fraud amount seems to have been used by the accomplice D is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable.

The prosecutor's ground of appeal is without merit.

3. The appeal 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.