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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor (not guilty of the judgment of the court below) deceivings the victim through I and J, and there was a criminal intent to acquire the victim by deceit because the gold fluority that was delivered as security to the victim does not exceed the amount borrowed by the defendant.
B. The sentence of the lower court (one year of imprisonment and two years of suspended execution) is too unreasonable, as it is too unreasonable for the Defendant (an illegal sentencing and conviction of the lower judgment).
2. Determination
A. The lower court, as to the Prosecutor’s assertion of mistake of facts, found that the evidence submitted by the Prosecutor alone, with respect to the fraud among the facts charged in the instant case, was proven so as to cause the judge to have a conviction that the facts are true beyond a reasonable doubt.
On the ground that it is difficult to see this part of the facts charged, the lower court acquitted.
Examining the evidence of this case, the above judgment of the court below is legitimate, and the prosecutor's allegation of mistake is without merit.
B. Although there are favorable circumstances, such as the fact that the Defendant recognized the Defendant’s wrong determination of the Defendant’s wrongful assertion of sentencing, and the fact that the Defendant agreed with the victim, compared to the original judgment, there is no change in the sentencing conditions, and the amount that the Defendant embezzled is not a large amount, the fact that the Defendant was punished for the same kind of crime, and other various sentencing conditions indicated in the records and arguments of this case, the lower court’s punishment is too unreasonable.
3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in entirety on the grounds of merit.