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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination is a condition for sentencing favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case, certain victims do not want the punishment of the defendant, the defendant has no record of punishment as a crime of fraud before the crime of this case, and there is no record of punishment exceeding the fine.
Meanwhile, the crime of this case is an unfavorable sentencing condition against the defendant, such as the crime of this case, by deceiving 12,771,000 won in total from 47 victims, and committed the crime of this case even if the defendant was discovered while driving without a driver's license while drinking alcohol and refused to comply with a request for measurement of drinking alcohol even though he was found to have done so, the defendant did not recover or reach an agreement to the victims of fraud up to the trial. The defendant had a record of being subject to three times criminal punishment due to drinking driving and driving without a driver's license prior to the crime of this case. In particular, the defendant committed the crime of this case even if he was sentenced to criminal punishment due to a traffic accident
In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant, his defense counsel, and the prosecutor’s allegation of unfair sentencing is not acceptable.
3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.