Defendant

All appeals by prosecutors are dismissed.

1. The defendant asserts that the decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unfasible to the defendant, and the prosecutor is too unfased and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant acquired a total of KRW 13,834,070 from the victim B over 51 times for three years.

There is no past record of the defendant and there is no past record of punishment heavier than the fine.

However, while the defendant associates with the victim, there is a high possibility of criticism by actively deceiving his own financial power or ability to perform his/her obligation, such as deceiving himself/herself as his/her will.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the lower court, and there is no new change in circumstances that make it possible for the lower court to change the sentence in the trial.

In addition, when comprehensively considering the sentencing conditions such as the defendant's age, occupation, family relation, etc. and the scope of the recommended punishment according to the sentencing guidelines, the sentence imposed by the court below shall not be deemed to be excessive, too heavy or unreasonable.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.