사기
All appeals filed by the defendant and prosecutor are dismissed.
1. As to the summary of the grounds for appeal, the defendant asserts that the defendant's imprisonment (six months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that the prosecutor is too uneasible and unfair.
2. The crime of this case is acknowledged that the Defendant acquired approximately KRW 52 million in total from the victims through a series of times, and that the amount of damage is relatively large, and that it was not agreed with the victims because the damage was not recovered.
On the other hand, there is a need to determine punishment in consideration of equity and the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to which a judgment has become final and conclusive, and each of the crimes of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, and it is recognized that the defendant has no specific penal power in addition to the punishment of the above previous conviction
In full view of such circumstances as the Defendant’s age, character and conduct, motive, means, and consequence of the instant crime, etc., the sentence of the lower court is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.