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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal appealed from the lower court’s punishment (in 10 months of imprisonment) so far as it is unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.
2. It is disadvantageous to the following: (a) the amount of fraud of the instant fraud is heavy and the method of fraud is poor; (b) the damage was not recovered until the judgment of the party; and (c) the victim wanted to punish the Defendant.
However, there is against the defendant's wrongness.
It appears that there is no particular criminal record in addition to the punishment of one-time fine due to a crime of a different kind of punishment in 1986.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.
The grounds for each appeal are without merit.
3. The appeal filed by both 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.