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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (one year and nine months of imprisonment) is too unhued and unfair.
B. Defendant (1) In the instant facts charged, the Defendant did not receive money from the victim with regard to the remainder of the charges except for the acquisition by deception in accordance with the attached Forms 1 and 12 of the original judgment.
Although the court below found the defendant guilty of all the charges, there is an error of mistake of facts in the court below's finding the defendant guilty.
(2) The sentence of the lower court’s improper sentencing is too unreasonable.
2. Determination
A. As to two cases of which the Defendant’s assertion of misunderstanding the Defendant’s facts was made through the account transfer among the facts charged in the instant case, the Defendant denies the fact that there was no money for the remaining 16 charges that the Defendant received and acquired by cash from the victim.
① However, the victim’s investigative agency and court of the court below to the effect that the defendant provided money in cash by deceiving him/her as stated in the facts charged are consistent with the victim’s statement in the investigative agency and court of the court below to the effect that he/she provided money by means of deception with the same content as the Defendant stated in the facts charged; ② the victim appears not to have borne a high-amount obligation as at the time of the instant case before he/she delivered the Defendant; ③ the victim borrowed money from his/her will or taken out a math loan; ④ the victim used money in another place without giving the Defendant the withdrawn cash.
If there is no evidence to see that there is no other evidence, ⑤ The relationship between the defendant and the victim at the time of the crime, and the statement to which the defendant visited the victim after the defendant was confined to another fraud, etc. is considered, the victim's statement is credibility.