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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (4 million won) by the lower court is too unhued and unreasonable.
2) The lower court’s punishment is too unreasonable.
2. The lower court sentenced a fine of KRW 4 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
In full view of the facts that are the conditions for sentencing in this Court, in particular, the Cze Card that the Defendant lent was used for the actual loan fraud, while the Defendant did not gain any profit from the instant crime, and the primary offender and the form of punishment, etc., the judgment of the lower court exceeded the reasonable bounds of its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too weak or unreasonable because it is too poor, even in light of the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc.
Therefore, both prosecutor and defendant's assertion are without merit.
3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.