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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal filed each appeal on the grounds that the Defendant was too unfluent and unfair due to the punishment sentenced by the lower court (eight months of imprisonment). The Prosecutor filed each appeal on the grounds that the lower court’s punishment is too unfluent and unfair.
2. However, the circumstances favorable to the defendant are that the defendant recognized and reflected the crime of this case, and that there is a family member to support.
On the other hand, the crime of this case was committed by posting a notice on the general information page that "the defendant seeks a person who will conduct a mobile phone sales business in China along with the above recruitment advertisement," and it was committed by two victims who reported and contacted the above recruitment advertisement as if they were to conduct a mobile phone sales business, and by deceiving them to the effect that "the victim makes an investment in money to distribute profits through a business," and by using the above money as an investment fund or personal debt repayment, etc., the crime was poor in light of the law of the crime and the scale of damage, but the damage was not completely recovered from the crime. However, the victims still wanted to be punished for the defendant, one time suspension of execution, and two times punishment for the same crime, and the recent crime is similar to the crime of this case.
In full view of the above circumstances as well as the Defendant’s age, family relation, criminal record, sexual intercourse, environment, means and method of crime, motive and circumstance of crime, and the application of sentencing guidelines by the Supreme Court sentencing committee, etc., it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.