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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
B. The lower court’s sentence is too unfluent and unfair, and the prosecutor omitted the sentence even though he/she was sentenced to confiscation.
2. On the other hand, the accused is contrary to the facts charged, and the accused has no same criminal history, and there is no history of punishment heavier than a suspended sentence.
On the other hand, the crime of this case is extremely poor in light of the method, content and fraud of the crime by obtaining money from the injured party over a long period of time from the injured party by deceiving his own status and deceiving his employment.
In the instant case, even though the economic and mental suffering suffered by the victim and his/her family members is high, damage recovery has never been made up to the depth of the party, and there was no agreement with the victim.
In light of the above circumstances, it is inevitable to sentence the Defendant to a sentence equivalent to the Defendant’s liability, and considering all of the sentencing conditions shown in the records and arguments of the instant case, including the Defendant’s age, sex, and environment, the lower court’s punishment seems to be reasonable. Therefore, all of the allegations of the above sentencing by the Defendant and the Prosecutor are without merit.
Meanwhile, although the court below did not sentence the forfeiture of the mobile phone which was provided for the crime of this case, the forfeiture pursuant to Article 48(1) of the Criminal Act is discretionary, and it is difficult to say that the court below's measure that did not sentence the forfeiture of the above mobile phone was unfair in light of the contents of the crime of this case.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act.