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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The judgment of the court below rejected the application for compensation filed against B by the applicant for compensation, and since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part which dismissed the above application for compensation among the judgment below is excluded from the scope
It is recognized that the defendant's health conditions, such as the defendant's time to commit the instant crime and reflects on the fact, and the defendant's operation with spine salt, are somewhat not good.
Meanwhile, the crime of this case is committed by deceiving the victim while the defendant had no intention or ability to contract the department store interior work to the victim for his own personal purpose. It is not good that the crime of this case is committed by deceiving the victim, and the amount of fraud is not more than 95 million won, and the amount of fraud is also not more than 95 million won, and even though a considerable period has elapsed from the time of defraudation, it is deemed that the damage recovery has not been properly made up until now [1] the defendant has agreed with the victim, and the defendant submitted this court a written request for agreement and a written request for punishment to the court on June 19, 2019, although the result of the sentencing investigation conducted by the court investigator of the court of the first instance conducted on July 16, 2019, the agreement with the victim included the total amount of KRW 170 million,000,000,0000,000,0000,000 won, and the remaining amount of 198,019.