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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We also examine the judgment and prosecutor’s arguments.
The fact that the defendant still has no record of punishment in Korea, some of the damage amount of this case is confiscated and appears to have been temporarily returned to the victim I, and that the profit actually acquired by the defendant can not be relatively significant due to the crime of this case is favorable to the defendant.
However, the crime of this case was committed by the defendant and his accomplice by deceiving the victim and processing a special drug and making him believe that there is a "boomer" which is changed to U.S. dollars, and then acquired money equivalent to KRW 320 million from the victim in terms of expenses, such as boomers, etc. necessary for the phenomenon of booming, and the crime was committed in a systematic and planned manner, and the nature of the crime is not very good in light of the method, contents and degree of deception, etc. In the process of the crime of this case, the defendant received money directly from the victim and remitted money to his accomplice, and it cannot be deemed that the degree of the defendant's participation in the crime of this case cannot be deemed that the degree of the defendant's participation in the crime of this case cannot be deemed to be somewhat unfavorable to the defendant.
In full view of all the above conditions of sentencing, including the Defendant’s age, character and conduct, environment, and family relationship, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.
3. In conclusion, the appeal filed 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.