Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The defendant shows an attitude against the recognition of each of the instant crimes, the fact that the defendant has agreed with the victim H and M, and that the defendant has no record of criminal punishment for each of the instant crimes prior to the fraud, etc. are favorable to the defendant.

However, the Defendant acquired the total amount of KRW 100 million or more from the victims, and in light of the circumstances and methods of each of the crimes of this case, the crime is not very good.

These circumstances are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant case’s records and the trial process, it does not seem that the sentence imposed by the lower court exceeded the reasonable scope of discretion, or is too heavy or unfluent.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.