사기
All appeals filed by the defendant and prosecutor are dismissed.
1. As to the summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution), the Defendant asserts that it is unreasonable for the Defendant to be sentenced to imprisonment without prison labor, and the prosecutor asserts that it is unreasonable.
2. The Defendant is subject to strict punishment corresponding thereto, in the following cases: (a) even though the Defendant had been sentenced to punishment for a crime of the same kind; (b) the Defendant repeated each of the instant crimes several times; (c) the amount of damage reaches KRW 200 million in total; and (d) a significant portion of damage has not been recovered until the trial was held.
However, the defendant made a confession of all crimes and seriously against them, and the 100 million won out of the amount of damage was recovered, and efforts were made to recover the damage by transferring the right to retention of the building to the victim.
In addition, taking account of various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, character and conduct, environment, etc., the sentence of the court below is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and it is so decided as per Disposition pursuant to Article 364(4) of the Criminal Procedure Act.