사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended sentence, one year of probation, one year of community service order, 280 hours of imprisonment) declared by the court below is too unfasible and unreasonable.
2. The fact that the amount of fraud of this case is large and most of the damages are not recovered is disadvantageous to the defendant.
However, in full view of the following: (a) the Defendant deposited at the first instance court to deposit KRW 2 million and promised to pay KRW 1 million per month to the victim in the trial; (b) the payment of KRW 2 million per month was made with the victim; (c) the amount of money transaction with the victim was about the part in which part was not paid in the course of lending and using bonds at a reasonable rate from the victim; (d) the circumstance that the Defendant has been recognized as a high interest rate; (e) the Defendant was the first offender without any criminal power; and (e) other sentencing conditions shown in the records and arguments, such as the Defendant’s age, character, conduct, and environment, the sentence imposed by the lower court is too unjustifiable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.