사기
All appeals filed by the defendant and prosecutor are dismissed.
The gist of the grounds for appeal by the defendant is that the punishment of the judgment of the court below (4 months of imprisonment) is too unreasonable, and the summary of the grounds for appeal by the prosecutor is that the punishment of the court below is too uneasible and unfair.
In light of the fact that the amount acquired by the Defendant is KRW 28 million and the damage repayment was not made to the trial court, the Defendant acquired money from the victim to use it as gambling funds, and the nature of the crime is bad; on the other hand, there is no criminal record, and there is no possibility that the damage recovery will be made in the future in light of the Defendant’s age, previous occupation, personality and conduct, etc., it cannot be ruled out that there is no possibility that the damage recovery would be made in the future. In addition, in view of the method of the crime in this case, circumstances after the crime was committed, circumstances after the crime, and various sentencing conditions specified in the argument in this case, the punishment of the lower judgment is deemed appropriate, and therefore, the Defendant and the prosecutor’s argument that the punishment is too heavy
Therefore, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.