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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We also examine each unfair argument of sentencing by the Defendant and the Prosecutor.
It is difficult to view that the Defendant committed fraud in a planned manner as committing each of the instant frauds due to lack of funds in the process of purchasing and selling agricultural products, such as reduction, apology, etc., as the so-called “dy field so-called “dy field so” in all of the instant crimes, and that the Defendant did not have any criminal record, etc. are favorable circumstances.
On the other hand, each crime of fraud of this case was committed by deceiving the victims even though the defendant did not have the intent or ability to pay the full amount of the price, and acquired through the delivery of agricultural products or clubs from the victims, such as the reduction and the number of times of the crime, the amount of fraud, and the number of victims, etc. It is not good that the crime is committed. The wages in arrears due to the crime of violation of the Labor Standards Act reached 1,300 won in total, and there were 14 members of the victimized workers, and there was no recovery of particular damage up to now, and there was no agreement with the victims, and the defendant was punished for the crime of violation of the Labor Standards Act.
Considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and various conditions of sentencing as indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment is heavy or unfeasible, and thus, cannot be deemed unfair.
3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.