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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The defendant asserts that the main points of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court are too uneasible, and that the prosecutor is too uneased and unreasonable.
2. The fact that the defendant had no record of criminal punishment before, recognized the crime of this case and against the mistake, and paid 17 million won as interest to the victim E and F, and up to the trial, the victim H, I, J and the victim agreed that the victims do not want to be punished by the defendant, and the total amount of 12 million won is favorable to the defendant.
On the other hand, the crime of this case was committed by deceiving 6 victims and deceiving 93,050,000 won in total on 12 occasions under the name of borrowed money, and the nature of the crime was not less than that of the crime, and most victims were not recovered up to the trial. Some victims want to be punished by severe punishment against the defendant, and six months of imprisonment imposed by the court below is the lowest amount of the recommended sentence (one to one year and six months) calculated according to the sentencing guidelines of the Sentencing Commission of the Supreme Court.
In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, character and conduct, and environment, etc. as well as the various sentencing conditions shown in the instant records and arguments, it seems that the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.
3. If so, the appeal 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.