사기
All appeals by the defendant and the prosecutor are dismissed.
1. As to the gist of the reasons for appeal (one year of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the lower court by asserting that it is too unfasible and unfair.
2. The judgment is an element of sentencing favorable to the defendant that the defendant did not have been punished as a same kind of crime.
However, in consideration of the fact that the defendant, for about nine years and four months, defrauded the victim a total of KRW 147 million on nine occasions, thereby causing damage, and that the victim was punished by the victim because the defendant was unable to recover the damage completely, the sentence against the defendant is inevitable.
In addition to these circumstances, considering that the sentencing conditions in this case, including the Defendant’s age, sex, environment, etc., as well as the maximum range of sentencing guidelines, are one year of imprisonment (the general fraud (type 2: 100 million won or more, the basic area of less than 500 million won), the punishment determined by the court below against the Defendant is not deemed to be too heavy or unfair as it is within the reasonable scope of discretion.
Therefore, the defendant and prosecutor's argument of sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.