사기
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.
2. The Defendant paid KRW 200,000 to the victim and deposited KRW 10,000 to recover damage (the above money includes not only the return of the gold in this case, but also the return of KRW 14,30,000 received in 206). The instant crime constitutes a crime of fraud established on April 12, 2016 and a single concurrent crime after Article 37 of the Criminal Act, and at the same time, the equity should be taken into account when the judgment was rendered.
On the other hand, the defendant did not agree with the victim by deceiving 6.7 million won under the pretext of transfer of bus operation right or employment mediation.
In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.
It is difficult to see it.
Therefore, we cannot accept all the defendant and prosecutor's argument.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.