사기
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in each case, 4 months of imprisonment) is too heavy or light (defendants). 2. Determination of the lower court is that the lower court exceeded the reasonable bounds of discretion in its determination by comprehensively taking account of all kinds of conditions of sentencing as shown in the arguments and records of the instant case including the following: (a) various unfavorable circumstances (in the absence of expertise in foreign exchange transactions, there is no possibility of causing high profit to the victim; (b) there is a record of being punished for fraud with a similar content; (c) most damage has not been recovered; and (d) the circumstances favorable to the victim, such as the Defendant’s age character and character, intelligence environment, motive and means of the crime; and (e) the circumstances after the crime, etc.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.