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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Considering the fact that the Defendant recognized all of the instant crimes and against it, the Defendant is trying to recover damage, such as deposit of KRW 50 million, and the use for projects, such as expansion of facilities, even though the purpose of promising a substantial portion of the investment amount is not to contribute, and the Defendant is not individually useful in the course of running the business, but rather used as corporate operating funds, the sentence (one-year imprisonment, two-year suspension of execution, two-year community service, and 240 hours) imposed by the lower court is too unreasonable.
B. In light of the content and method of deceiving the victim by the prosecutor, the degree of damage inflicted upon the victim, the criminal records of the defendant, etc., the sentence imposed by the court below is too uneasible and unreasonable.
2. The fact that the accused, including the criminal records of the same kind, has several criminal records, and that it is difficult to agree with the victim or to recover the damage in full until the trial of the case, etc. is disadvantageous to the sentencing.
However, considering the fact that a sum of 60 million won out of the amount of damage is trying to recover damage, such as deposit for the victim, which is not used as agreed upon with the victim, but used for the actual business, a significant portion of the amount of fraud is not used for the victim, which has been recognized as all of the crimes of this case and is against the judgment, and the equity between the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case and the crime of the latter concurrent crimes of Article 37 of the Criminal Act, together with the circumstances after the crime, and the case where the crime of this case and the crime of the latter concurrent crimes of Article 37 of the Criminal Act are judged at the same time
The defendant and prosecutor's assertion of unreasonable sentencing are without merit.
3. The appeal filed by the Defendant and the Prosecutor is with merit.