사기
The prosecutor's appeal is dismissed.
1. The decision of the court below against the defendant on the summary of the grounds of appeal (unfair sentencing) is unreasonable as it is too unfasible to this point (one and half years of imprisonment, three years of suspended execution, and forty hours of community service order).
2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the amount acquired by the defendant is at least 243 million won.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence, the Defendant’s conviction against the Defendant is too unfasible and unfair, and the prosecutor’s assertion is without merit, inasmuch as the Defendant’s conviction against the Defendant is too unfasible.
3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 201Da36442, Apr. 1, 201). However, among the summary of evidence in the judgment below, the “certified copy of the register of land H in Sejong-si” in the 3th sentence of the judgment below is obvious that it is a clerical error in the “certified copy of the register of land Sejong-si C” and thus,