사기
All appeals filed by prosecutors and defendants are dismissed.
1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (10 months of imprisonment) is too unfied and unreasonable.
2) The lower court’s punishment is too unreasonable.
2. The lower court sentenced the Defendant to ten months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
In full view of the facts that are the conditions for sentencing in this court, in particular, the fact that the defendant had concealed the victim over a long-term period of time by showing the false statement of intention, and acquired the victim's money, while while the defendant did not have the same criminal record as the defendant, the defendant paid the victim KRW 101,453,850 in terms of principal and profit, and the fact that the judgment of sentencing in the court below exceeded the reasonable limit of its discretion, in full view of the fact that the defendant has paid the victim
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too weak or unreasonable because it is too poor, even in light of the circumstances after the instant crime, the Defendant’s age, sex, family relationship, etc.
3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.