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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. It is unfair that the court below's sentence (7 million won a penalty) imposed on the defendant is too unreasonable.
B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. The instant crime committed by the Defendant, while running a distribution business of food, etc., was supplied by the injured party with salt not exceeding 35 million won in total without the ability to repay the price, and the nature of the relevant crime is not that of the crime in light of the content and circumstance of the crime, the amount of damage, etc.
In addition, even though the defendant was subject to criminal punishment several times for the same crime, he/she is likely to commit the crime of this case again during the period of repeated crime for the same crime.
On the other hand, however, the defendant shows an attitude against the defendant's mistake, and the defendant paid a total of KRW 32.5 million to the victim, and most of the damages were recovered, and only the victim agreed to do so.
In addition, the instant crime is in a concurrent relationship between the crime of fraud, which became final and conclusive on July 27, 2017, and the latter part of Article 37 of the so-called Criminal Code, and the equality in the case where the judgment is to be rendered concurrently.
Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other conditions of sentencing as shown in the argument of this case, the punishment imposed by the court below against the defendant is too heavy or unreasonable since it is within the proper scope of sentencing discretion, and thus, the above assertion by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.