사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended execution, and 120 hours of community service order) of the lower court against the Defendant is deemed unreasonable.
2. The fact that the amount obtained by deception of the instant crime is not so specified and that the Defendant was unable to agree with the victim is disadvantageous to the Defendant.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, means and consequence, etc., the sentence of the original judgment is too uneasible and unreasonable, and the prosecutor’s assertion is without merit, on the grounds that there are circumstances to consider the motive and circumstances of the instant crime, such as the Defendant’s payment of the amount equivalent to the Defendant’s payment of the deposit amount, etc., and the Defendant’s age and health is not good.
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.