사기
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.
2. The amount of damage caused by the instant crime was approximately KRW 47 million and the name was not recovered properly.
This is disadvantageous to the defendant.
However, the defendant recognized the crime of this case and opposed to it.
The defendant has no criminal record of the same kind.
This is the circumstances favorable to the defendant.
In light of such circumstances as well as the general sentencing guidelines set forth in the sentencing guidelines set forth in the Supreme Court’s sentencing guidelines set forth in the first category of general fraud (less than KRW 100 million) and thus, six months to one year and six months (no person is subject to special sentencing). In full view of the circumstances indicated in the records, including the Defendant’s age, sex and environment, means and consequence of the crime, the lower court’s punishment is too uneasy and unreasonable.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.