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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. Each of the instant crimes committed by the Defendant, while providing the victim with real estate without value as collateral, by taking a high-rate interest rate of KRW 145 million in total, is deemed to have committed a crime in light of the content of each of the instant crimes, the scale of damage, etc.
In addition, there is a high possibility of criticism by committing each of the crimes of this case without being punished several times for the same crime even though the defendant was punished for the same crime.
On the other hand, however, when the defendant was in the first instance, the defendant shows his attitude of obsting his wrong and opposing himself, and he agreed with the victim only smoothly.
In addition, each of the instant crimes committed on January 29, 2015 should be considered as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) which became final and conclusive on January 29, 2015, and a group of concurrent crimes after Article 37 of the so-called Criminal Act.
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 does not seem to be too heavy or unreasonable since the punishment imposed by the court below is within the proper scope of sentencing discretion, and thus, each of the above arguments by the defendant and the prosecutor are 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.