Defendant

All appeals by prosecutors are dismissed.

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (five months of imprisonment), and that the prosecutor is too unfased and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is recognized as a situation in which the equity with the case should be considered at the same time in relation to the crime of fraud for which judgment has become final and conclusive and the latter concurrent crimes after Article 37 of the Criminal Act.

However, in light of the period, frequency, and scale of the crime of this case, the defendant needs to be punished corresponding thereto, and the damage has not been recovered.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the court below, and there is no new change in circumstances that make it possible for the court to change the sentence of the court below.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, living environment, and criminal record, as shown in the deliberation of the court below and the party, the sentence of the court below shall not be deemed to be too heavy or unreasonable as it is too heavy.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.