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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.
The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.
2. The fact that the defendant made a confession and reflects on the instant crime through confinement life exceeding one month, deposited the amount equivalent to the money obtained by deceit for the victim, and on February 11, 2010, the instant crime is a situation favorable to the defendant, in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud, which became final and conclusive on February 11, 2010.
On the other hand, the crime of this case is committed by deceiving a victim as if the defendant would have the right to operate a restaurant at the new construction site, and the crime of this case is committed by deceiving 20 million won by deceiving the victim, and when the investigation was initiated upon the victim's complaint, the crime is not less complicated in light of the applicable law and the circumstances after the crime, etc., and the defendant has the record of suspended execution and punishment for the same crime two times prior to the crime of this case, etc., which are disadvantageous to
In full view of these circumstances, considering the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, details and contents thereof, and other circumstances leading to the sentencing conditions indicated in the records, since the lower court’s sentence is too heavy or unreasonable, the Defendant’s assertion as well as the prosecutor’s office is without merit.
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