The appeal by prosecutor and defendant shall be dismissed.

1. The summary of the grounds for appeal asserts that the prosecutor's argument that the defendant's imprisonment (one year of imprisonment) declared by the court below is too unhutiled and unfair, and the defendant is too unreasonable.

2. On the grounds for appeal by the prosecutor and the defendant, the defendant was the first offender, the confession of the defendant, and the payment of part of the amount to the victims is favorable. Of the instant case, the crime of fraud to the victim K is not good, and the victim of the instant crime was not limited to KRW 4, 94,150,00,000, and the defendant did not agree with the victims, and there was no recovery of considerable portion of the damage (the defense counsel of the defendant paid approximately KRW 72,250,00 to the victims). However, it is argued that the above amount was paid to the victims under the pretext of repayment for the "the money obtained through fraud in the original judgment." The defendant borrowed money from the victims and locked contact with the victims.

In full view of these circumstances and other factors of sentencing, including the Defendant’s age, environment, background and method of the crime, details of the crime, and circumstances after the crime, the lower court’s sentencing is deemed to be reasonable, and it cannot be deemed that it is too weak or unreasonable.

Therefore, the prosecutor and the defendant's above arguments are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor and the defendant is without merit. It is