Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court (the fine of KRW 15 million) is too unreasonable.
B. The lower court’s sentencing is too unfortunate and unreasonable.
2. The defendant's mistake is recognized, the crime of this case seems to be low in the state of domination under a vague expectation that the crime of this case is likely to be carried out, and the degree of deception is not hot, the circumstances favorable to the defendant, such as the fact that the victim was paid KRW 21.5 million out of the amount of fraud of this case, and even though the amount of deception obtained by the crime of this case is KRW 180,000,000,000 from about 8 years and 9 months, the damage still is not recovered from the crime of this case; the defendant has been punished for the same crime of this case three times (including two times of suspension of execution), and there are no records of punishment of KRW 100,000,000,000,000,000,000,000 won, more than 200,000,000,000 won, more than 9,000,000 won.
3. According to the conclusion, the appeal by the defendant and the prosecutor is groundless, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.