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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of the grounds for appeal 1) Defendant’s punishment (four months of imprisonment) is too unreasonable.
2) The Prosecutor’s sentence is too unhued and unreasonable.
2. The fact that the defendant led to the confession of the facts charged in this case, and his mistake is divided, that the defendant did not have the same criminal record, that there was no criminal record heavier punishment than the fine, and that the defendant paid the victim a sum of KRW 40 million before the judgment of the court below for the recovery of damage, and that the defendant paid an additional KRW 2 million to the victim in the first instance trial is favorable to the defendant.
On the other hand, the following facts are disadvantageous to the defendant.
The crime of this case is a case in which the defendant acquired the victim's total sum of KRW 60 million over three times, and the crime of this case is not good in light of the frequency of the crime and the amount of damage.
However, the Defendant did not agree with the victim, and did not receive the letter from the victim.
In addition, considering the Defendant’s age, sex, environment, circumstances, and consequence of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too hot or unfasible.
Therefore, the defendant and the prosecutor's argument are without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.