사기
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (three months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. A favorable circumstance is that the Defendant’s recognition of the instant crime and reflects the mistake, and that the principle of equity with the case where the judgment becomes final and conclusive should be taken into account.
However, the crime of this case is an unfavorable circumstance, such as the fact that the criminal act of this case had a victim purchase a vehicle under the pretext of allowing the victim to borrow a work loan, or obtained the money by defraudation of the vehicle, and is not sufficient to commit the crime, the amount of damage reaches about KRW 87 million, and the damage was not completely recovered until the judgment of the party, and the criminal act of this case was committed during the repeated crime period due to the crime of forging private documents, etc.
In light of the above circumstances, Defendant’s age, sex, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., all of the sentencing conditions as shown in the records and arguments of this case, and the fact that there is no change in the sentencing conditions compared with the original judgment, and that there is no change in the sentencing conditions, it cannot be said that the lower court’s sentence imposed on Defendant is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.