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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. With respect to the lower court’s sentence of imprisonment for a year and six months, the Defendant filed an appeal on the grounds that the sentence is too unabundable and unreasonable. The prosecutor filed an appeal on the grounds that the sentence is too unabundable and unreasonable.
2. The judgment of the court below has significant social harm, and the defendant has a key role in withdrawing the cash of the victims deposited into his account and delivering it to the singing organization. The crime is very heavy.
In addition, even though the defendant had already been transferred the means of access in 2016 and was subject to a disposition of suspension of indictment, each account was used for committing a crime by lending the body card of his/her husband and his/her child as well as for himself/herself. It is required to punish the level corresponding to the recidivism.
However, the Defendant committed a crime of this case against the Defendant in depth while committing the crime of this case. In the case of fraud against K among the facts constituting the crime of this case, the Defendant was arrested at the site, and the check was seized, thereby recovering from damage. The Defendant did not gain any benefit by committing each of the crimes of this case.
In addition, there is no criminal offense other than the suspension of indictment against the defendant.
In addition to these circumstances, considering the motive and background of the instant crime, the Defendant’s age, character and conduct, and family relationship, and all the circumstances indicated in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.
Therefore, each of the defendant and prosecutor's arguments on unfair sentencing cannot be accepted.
3. Conclusion, the appeal filed by the Defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.