사기등
The prosecutor's appeal is dismissed.
1. The Defendant’s judgment on the assertion of unfair sentencing by the prosecutor is deemed to have committed the instant crime during the period of suspension of execution, while the instant crime is deemed to have been committed by the victim without a large number of victims, and there is no sufficient need to strictly punish the Defendant. However, considering the fact that the amount of damage is not significant, the Defendant paid or deposited an amount equivalent to the amount of damage or part of the victims, and the Defendant currently is a public interest service personnel, the Defendant’s age, character and conduct, family environment, and other various sentencing conditions indicated in the records and arguments of this case, it cannot be deemed that the Defendant’s punishment (4 million won of fine) is too unreasonable
2. In conclusion, the prosecutor's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. [However, the defendant did not have the intention or ability to pay money to the victim through small payment, even if he obtained the approval number of small amount payment from the victim of the crime in the judgment below, it is obvious that the defendant did not have the intention or ability to send cash and merchandise coupons even if he knew of the victim's handphone number, resident registration number, etc., so it is correct to correct it ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure]. It is so decided as per Disposition of the court below.