Defendant

All appeals by prosecutors are dismissed.

Summary of Reasons for appeal

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case committed by the Defendant in collusion with C and D that the principal and interest should be paid in installments for a period of 48 months, since the Defendant purchased construction machinery at KRW 100 million on the side of the victim Aju Capital Co., Ltd. even though the Defendant was unable to actually purchase construction machinery in collusion with C and D or to have intent to pay principal and interest.

Degnating and deceiving 77,995,00 won from damage.

The Defendant had a record of criminal disposition several times, and even if the amount of damage is not much, considerable damage has not been recovered, and there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment.

On the other hand, the Defendant recognized and reflected the instant crime, and did not have the same criminal record before committing the crime, and the equity between the judgment and the judgment should be taken into account at the same time with the separate criminal record for which the judgment has become final.

Considering the above sentencing conditions along with various circumstances, such as the Defendant’s age, sex and environment, motive, means, and consequence of the crime, etc., and the circumstances after the crime, etc., the lower court’s punishment is too heavy or it is difficult to view it as unfair because it is too heavy.

Therefore, the defendant and prosecutor's argument is without merit.

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