사기
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (a two-way) asserts that the defendant is too unaffortable due to the court below's punishment (a prison labor of eight months) and that the prosecutor asserts that the court below's punishment is too unaffortable and unfair.
2. Determination is an unfavorable circumstance, such as the fact that the case of the instant crime that the Defendant acquired by deception 100 million won from the injured party under the name of the deposit money for lease is not somewhat weak, the victim wanted to be punished for the Defendant, and the fact that the Defendant had been punished for fraud twice.
On the other hand, it is more favorable for the Defendant to recognize the crime of this case and to reflect the mistake in the first instance, to recover more than half of the damage amount of the crime of this case, and to have no record of criminal punishment exceeding the fine.
In full view of such circumstances and all of the sentencing conditions as seen in the instant argument and the scope of the recommended sentencing guidelines, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable as it is too heavy.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.