사기등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. The crime of this case is a normal situation where the crime of this case is committed by deceiving the victim in a fiduciary relationship by deceiving him/her, such as influoring the proceeds of goods, and the nature of the crime is not good, and the amount of damage is considerable but most of the damage is not recovered. The defendant recognizes and reflects this case when it comes to the trial, there is no record of criminal punishment exceeding the amount of punishment for the same kind of crime or fine, and deposit KRW 10 million for the victim.
In full view of all the circumstances as seen above, the lower court recognized that the sentence against the Defendant is reasonable, taking into account the following circumstances: (a) the Defendant’s character and conduct, environment, relationship with the victim, motive, means, and consequence of the instant crime; and (b) the conditions for sentencing specified in the present argument and the record, including the circumstances after the crime was committed.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.