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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (one year and four months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The following facts are considered as favorable to the Defendant: (a) the Defendant and the Prosecutor’s respective arguments together with each other; (b) the Defendant recognized all of his errors and reflects depth; and (c) the Defendant did not have any other criminal records except once a fine is imposed.
On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, where each of the crimes of this case was committed by deceiving approximately KRW 130 million in total by taking advantage of the imminent situation of the victims who want to be employed by his family, and the crime is not very good in light of the situation and contents of the crime. The crime is not committed in order to maintain the victim's deception status, and the money acquired through deception was consumed by gambling funds, entertainment expenses, etc., and the damage has not been recovered until now.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means, and consequence of the crime, circumstances after the crime was committed, and whether the change of circumstances occurred after the sentence of the lower judgment, etc., the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed to be excessively heavy or unreasonable.
Therefore, each of the above arguments by the defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.