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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the court below (one year and ten months of imprisonment) is too unreasonable.
B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The fact that the Defendant led to the confession of the instant crime, and that the Defendant paid KRW 10 million to the seller, out of the money that the Defendant received from the victim F, and that the Defendant returned KRW 40 million to the husband of the Victim F, is an element for sentencing favorable to the Defendant.
B. The defendant had the same criminal records and five times (one time of actual punishment, four times of fines) and 10 times of previous criminal records (one time of actual punishment, one time of suspended execution, and eight times of fines). The defendant's cancellation of a real estate sales contract is an element of sentencing unfavorable to the defendant, which is not only the balance of the purchase and sale by deceiving the victim F, receiving brokerage commission and registration fee, and making a false telephone with the seller for the victim K. It is not sufficient to commit the crime. The amount of the acquired money is larger than 280 million won in total, and the economic and mental suffering suffered by the victims is significant, and the defendant showed a bad attitude in the investigative agency and did not agree with the victims until the trial is held (the victim I submitted a written application to the court of original instance, but it seems not to have been recovered from damage by the defendant).
C. In full view of the above factors of sentencing, the lower court’s punishment is too heavy or unreasonable in light of the following circumstances, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the crime.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.