Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one million won of a fine) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) the Defendant was sentenced to imprisonment with prison labor for ten months with prison labor for larceny and was released from prison; (b) the Defendant committed the instant crime; (c) the Defendant was punished for the same type of crime; (d) the defrauded amount of the instant crime was not considerable in the amount of KRW 5 million; (c) there was no record that the Defendant was sentenced to imprisonment with prison labor or a heavier punishment due to the same type of crime; (d) the Defendant collected approximately KRW 335 million through the auction; (e) the Defendant was recovered from the amount of damage; (e) the Defendant was used for the loan moer; (e) the Defendant was deemed to have caused the instant crime; (e) the equity with the case at the same time as the judgment became final; and (e) other various sentencing factors indicated in the instant case, such as the Defendant’s age, character and conduct, occupation and environment; (e) the background and consequence of the crime; and (e) the circumstances after the crime, etc., are adequate or too unreasonable.

Defendant

In addition, the prosecutor's above argument of unfair sentencing is rejected.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.