사기
Defendant
All appeals by prosecutors are dismissed.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year and six months) is too heavy or (the Defendant) and it is unreasonable to conduct an examination.
2. The circumstances favorable to the defendant are that the defendant divided and reflected the wrong facts, and that the defendant paid part of the money to the victim as interest after the crime of this case.
On the other hand, the amount of damage caused by the crime of this case is not much than KRW 157.6 million, but is agreed with or is unable to repay the damage to the victim until the trial of the case. The defendant has been punished by a fine for the same kind of crime and by imprisonment with prison labor is disadvantageous to the defendant.
In full view of all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below shall be appropriate, and shall not be too heavy or less severe.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided