사기
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. The judgment of the Defendant is a criminal record for the same kind of crime, and in particular, the Defendant committed the instant crime without being aware of it during the period of repeated crime for the same crime, and that the total amount of damage from the instant crime exceeds KRW 25 million is disadvantageous to the Defendant.
On the other hand, the following points are favorable to the defendant.
The Defendant led to the confession of the facts charged in the instant case, and his mistake is divided.
It seems that the criminal intent of the defendant for the crime of this case is weak.
The defendant deposited KRW 17 million in the court below for the victim, and deposited KRW 8 million in addition to the first instance court.
In addition, comprehensively taking account of various sentencing conditions as shown in the records and arguments of this case, such as the age, sex, environment, relationship with the victim, etc. of the defendant, the sentence of the court below is not deemed unfair because it is too low.
Therefore, prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.