Defendant

All appeals by prosecutors are dismissed.

1. The defendant asserts that the defendant's punishment (two years of imprisonment with prison labor) declared by the court below is too unfasible, and the prosecutor is too unfased and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant is the first offender and is recognized as having agreed with six of the 26 victims.

However, the amount obtained by deception or embezzled by the defendant has reached about 370 million won, and the period of the crime is a long time, and there are many times, and most of the damage has not been recovered.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the court below, and there is no new change in circumstances that make it possible for the court to change the sentence of the court below.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, living environment, and motive for committing the crime, and the scope of the recommended punishment according to the sentencing guidelines (one year to seven months from August), the punishment that the court below sentenced cannot be deemed to be unfair because it is too appropriate and too hot or hot.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.