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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
The circumstances that are favorable to the defendant, such as the fact that the defendant is recognized as all of his criminal acts, the fact that the defendant is against himself, and there are family members to support the defendant.
However, the defendant acquired money by receiving approximately KRW 150 million from the victims by means of false words, such as suggesting the victims to purchase stolen goods, automobiles, precious metals, etc. or to make investments in the purchase business of the above goods. In light of the criminal law and the amount of fraud, etc., the liability for the crime is not less strict, the victim was not agreed to the victim up to the trial, and the damage was not recovered at all, and the remainder of the crime was committed while the police was investigated into the crime against the victim C, the victim was additionally punished 11 times in the past (6 times in the actual sentence, 6 times in the suspended sentence, 3 times in the past, and 4 times in the past, the records of punishment for the fraud (including two times in the actual sentence) among them are disadvantageous to the defendant.
In full view of the above circumstances, such as the Defendant’s age, sex, environment, motive and circumstances leading to the instant crime, and circumstances that were revealed in the trial process, such as the motive and circumstance before and after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, does not seem to be unfair as it is too heavy. Accordingly, it is rejected all the Defendant and the Prosecutor’s unfair claims for the sentencing.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.