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All the defendant and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (unfair punishment)’s sentence of imprisonment (two months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.
B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t
2. The fact that the amount of deception obtained through the instant crime was in total KRW 20 million is less than that of the crime, and that the criminal liability is not less than that of the crime, and that the Defendant appears to have failed to fully pay the amount of damage to the victim, etc. is disadvantageous.
However, there are extenuating circumstances such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime and the following sentencing guidelines of the Supreme Court on the crime of this case: (a) there is no past history of punishment until now; (b) Defendant did not have any history of punishment for the same kind of crime; (c) Defendant paid part of the amount of damage (5.2 million won) to the victim; (d) the victim wanted to use it as casino games; (e) the victim extended the amount of money to the Defendant; and (e) the victim appears to be partly responsible for the occurrence of damage; and (e) the Defendant’s wife and children were able to support the Defendant; and (e) other sentencing conditions such as Defendant’s age, character and behavior, environment, motive, means and consequence after the crime; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court on the crime of this case is unreasonable or unreasonable considering the following factors: (e) the victim’s age and character group of fraud, general fraud type 1 (less than KRW 1000,0,0,00,00).
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