사기
Defendant
All appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal asserts that the court below’s punishment (five million won of a fine) is too excessive, and the prosecutor asserts that the sentence of the court below is too unfluent and unreasonable.
2. The fact that the judgment defendant reflects the crime of this case, and that the defendant agreed with the victim smoothly is favorable to the defendant.
On the other hand, the fact that the defendant used a copy of the passbook in the name of another person in the crime of this case, etc. is extremely poor, that the defendant has been punished several times for the same crime, and that the defendant committed the crime of this case during the period of the same repeated crime is disadvantageous to the defendant.
In addition, comprehensively taking account of the grounds for sentencing indicated in the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the Defendant and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.