Defendant

All appeals by prosecutors are dismissed.

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (four months of imprisonment) is too heavy or (the Defendant) and (the prosecutor) is too unfilled.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The defendant committed the crime of this case during the suspension period of the execution of imprisonment with prison labor for a similar crime, and the amount of fraud reaches 50 million won, and the defendant would promptly compensate for the initial period of the public trial of this case.

The fact that all of them are not compensated is disadvantageous to the defendant.

However, it is favorable to the defendant, such as the fact that the defendant is a confession, the defendant is aged, the defendant has returned 20 million won out of the amount of fraud to the victim, and deposit 10 million won for the victim in the original trial.

The lower court appears to have determined the sentence in full consideration of the aforementioned overall circumstances, and comprehensively taking account of all the sentencing conditions expressed in the records and changes in the instant case, the sentence imposed by the Defendant is deemed appropriate, too heavy or less.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.