사기
Defendant
All appeals by prosecutors are dismissed.
The summary of the grounds for appeal by the defendant is that the punishment imposed by the court below (two months of imprisonment) is too unreasonable, and against this, the summary of the grounds for appeal by the prosecutor is that the punishment imposed by the court below is too uneasible and unfair.
In light of the fact that not only the defendant's attitude of committing the crime of this case is very poor, but also the defendant's failure to recover from damage even though the amount exceeds 30 million won, it is reasonable to punish the defendant strictly.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake in depth; (b) the Defendant could have been tried along with the fraud of the final judgment, such as the first head of the criminal facts, at the time of original judgment; (c) the Defendant had no power to commit any crime other than the criminal records of the final judgment; (d) the lower court has already rendered a sentence in consideration of the Defendant’s favorable or unfavorable circumstances; and (e) there was no special change in circumstances or circumstances that may be considered in sentencing; and (e) the lower court did not change the Defendant’s age, character and behavior, environment, motive, means, means, and consequence of the instant crime; and (e) other circumstances that form the conditions for the pleadings and the sentencing specified in the records, such as the Defendant’s age, character and behavior, environment, motive, means, and consequence after the commission of the crime, even if
Therefore, the defendant and prosecutor's argument are without merit.
Therefore, 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.