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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the overall circumstances of the case by the defendant, the punishment imposed by the court below (the fine of KRW 10 million) is too unreasonable.
B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.
2. We examine the grounds for appeal by the defendant and the prosecutor.
The fact that the defendant has been punished three times for the same crime (in fact, there are two times the actual history of punishment). The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings the victim as a security for the execution of contract, and the fact that the crime of this case has not been authorized to sell real estate, and the fact that the crime of this case is bad in the nature of the crime, and the damage to
However, the fact that the defendant recognized all of the crimes of this case, and the crime of this case is committed by the defendant on August 29, 2014 and sentenced to one year by the Ulsan District Court sentenced on September 11, 2014, and is in the concurrent relation between crime of fraud, etc. for which judgment has become final and conclusive on September 11, 2014 and the latter part of Article 37 of the Criminal Act, and thus, it is favorable to the defendant.
In full view of the circumstances favorable to the above unfavorable circumstances and the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., and all other circumstances that form the conditions for the instant sentencing as shown in the trial process, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s aforementioned assertion are without merit.
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. It is so decided as per Disposition.