사기등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (unfair punishment) on the Defendant (two years and four months of imprisonment) is too unreasonable.
B. The prosecutor (unfair form of punishment)’s sentence imposed by the lower court on the Defendant is too unfasible and unfair.
2. The following facts are: (a) the sum of the acquired money of this case reaches KRW 779,60,000 in total; (b) the victims are more than six persons; (c) the victims have lost their entire property and become bad credit holders; (d) the victims have not been recovered from most of them up to the trial; and (e) the victims have been punished by the Defendant’s severe punishment; and (e) the Defendant has committed a crime committed by forging and using a written deposit certificate under the I’s name to conceal the money for a long time.
On the other hand, the fact that the defendant confessions all of the crimes of this case and reflects his mistake in depth, that the defendant has no criminal record of the same kind or suspension of execution or more, and that there is no record of criminal punishment until the last ten years after being sentenced to a fine due to a violation of the Road Traffic Act in around 2002, and that there is no record of criminal punishment until the last ten years, and that the defendant seems to have been given an opportunity to know about the degree of punishment through prison life for nine months.
Considering the above flexible circumstances as well as all other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate and is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.
3. In conclusion, 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. It is so decided as per Disposition.
However, the judgment of the court below is dismissed.