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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. The circumstances favorable to the defendant include: (a) the defendant's perception of and reflects on the crime; and (b) the defendant has no record of being punished for the same kind of crime other than the punishment for fraud in 1998.
The crime of this case is committed by deceiving a victim vulnerable to the crime due to mental disorder, etc. using personal trust relationship by deceiving him/her more than 12,590,00 won over 96 times from February 2, 2012 to May 2014. The crime of this case is committed in light of the background, period, frequency, methods and details of the crime, the amount of damage amount, etc. The defendant was sentenced to imprisonment with prison labor of ten months for larceny around January 2010 and committed the crime of this case even though he/she was during the repeated crime period after the execution of the punishment was completed on or around July 2010. The defendant committed the crime of this case on October 7, 2014. Although the victim and the victim agreed to pay KRW 500,000 per month to the victim, there was no amount paid by the victim to the trial up to the date of the trial, there was no specific effort to recover damage, etc.
In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be appropriate, too heavy, or is deemed to be unreasonable because it is too unreasonable. Therefore, the Defendant and the prosecutor’s argument are without merit.
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.