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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The defendant asserts that the sentencing of the court below (eight months of imprisonment) is too unfasible, and the prosecutor is too unfasible and unfair.
2. The judgment defendant had a record of criminal punishment several times due to the crime of fraud and the violation of the Road Traffic Act (driving) due to the use of an unfortunateed type, and did not harm the victims of fraud to recover from damage.
On the other hand, the defendant recognized a mistake and reflects it, and the total amount of damage caused by fraud is relatively less than three million won.
In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.
3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.