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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions of Defendant 2, the sentence (a fine of KRW 20 million) imposed by the lower court against the Defendant is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. The Defendant and the prosecutor’s assertion that the crime of this case was committed together with health room, ① the Defendant, by deceiving the victim three times, and acquired the maximum amount of money up to KRW 297 million; ② the Defendant committed each of the crimes of this case without being aware of the suspension period due to the offering of a bribe, etc., as stated in the facts constituting the crime of this case, is an unfavorable sentencing factor against the Defendant.
On the other hand, in light of the fact that: (a) the Defendant was found to have committed the instant crime when it was in the trial; (b) the Defendant obtained approval for the sale of the E-building construction around July 201; and (c) the Defendant actually promoted part payments against financial institutions, etc., it is recognized that the instant case constitutes a case where the commission of willful misconduct was committed, or a case where the degree of deception was weak; (c) the victim is not punished by agreement with the victim; (d) the crime of fraud for which all criminal facts stated in the judgment of the lower court have become final and the crime of fraud and the need to consider equity in cases where the judgment is to be rendered simultaneously pursuant to Article 39(1)
In full view of the above favorable sentencing factors and unfavorable sentencing factors, the defendant's age, family environment, circumstances before and after the crime, and various sentencing conditions shown in the records and arguments, the court below's sentencing against the defendant is too heavy or less severe, and thus, the defendant and the prosecutor's above assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and it is in accordance with Article 364(4) of the Criminal Procedure Act.