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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. As to the punishment of 1 year and 2 months of imprisonment sentenced in the original judgment on the summary of the grounds for appeal, the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too unfeasible and unfair.
2. We also examine the judgment and prosecutor’s improper claims for sentencing.
Considering the fact that the victim of the crime of this case committed the crime of this case was about KRW 170,00,000,000 in total, and most of the damage has not yet been recovered until now, the defendant used actively deceptions against the victim C and G, and the defendant committed the crime of this case again, even though he had been punished seven times due to the same crime in 2005, including imprisonment with prison labor due to fraud in 2005.
However, if the defendant took the attitude of recognizing and opposing the defendant's mistake, and takes into account the amount of partial repayment to the victim G and H, the actual remainder of the crime of this case is 14,000 million won, and the defendant took advantage of other active deceptions only passive deceptions about the ability to repay to the victim H.
The circumstances such as the fact that it is difficult to see, since 2010, the defendant has no record of being punished for the same crime, and the fact that there is no record of crime other than the fine imposed due to the violation of the Labor Standards Act in 2014 should be taken into consideration in the favorable circumstances for the defendant
In light of the above circumstances and other circumstances such as the Defendant’s age, sex, health condition, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence sentenced by the court below within the reasonable scope of discretion for sentencing.
The decision is judged.
3. In conclusion, the appeal filed 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.