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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Of the facts charged in the instant case, the lower court found the Defendant guilty of the part that received KRW 35.8 million from January 9, 2017 to April 18, 2017 among the facts charged in the instant case regarding the part that received KRW 53,570,00 from March 7, 2008 to June 1, 200, as well as the part that received KRW 35.8 million from April 18, 2017 among the facts charged in the instant case regarding the fraud against the victim B and C, and the part that received KRW 1250,000 from January 209 to the victim B and the fraud against G, which was remitted KRW 1,200,000 from March 3, 2017, and found the Defendant not guilty of the said part that was related to the daily crime.
In regard to this, the defendant and the prosecutor appealed only the part of the judgment of the court below and the prosecutor did not appeal the part of the acquittal, which became final and conclusive, and the part of the acquittal based on the principle of no appeal and the principle of no appeal shall also be transferred to the trial together with the part of the conviction.
Therefore, the scope of the judgment of this court is limited to the portion which the court below found guilty, and the judgment of the court below is to be followed with the conclusion of the judgment of the court below, and it is not judged separately
2. Summary of grounds for appeal (unfair sentencing)
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. According to the arguments and records of the instant case, the lower court’s punishment seems to have been determined by fully considering the grounds for various sentencing asserted by the Defendant and the Prosecutor, and the fact that the Defendant confessions all the criminal facts of the instant case in the party instance and deposits KRW 5 million for the victim B and C, it is difficult to view that it is a special circumstance to ex post facto change the sentencing.
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