Judgment

The circumstances after committing the crime are poor, such as deceiving victims under the pretext of opening a hospital or welfare corporation and deceiving them to commit each crime of this case, the amount of damage reaches KRW 29,780,000, and the defendant repeats escape in the investigation and trial procedures, and the location of the victim has not been identified even after the original sentence was rendered.

The defendant has been sentenced to the suspended sentence of 2 years in August 1982 and the punishment of 8 months in August 1996, and has been sentenced to the punishment of a fine on several occasions in a crime of fraud.

① However, at the lower court, the Defendant agreed to pay KRW 2 million to the victim H in fraud of the 2014 Highest 991 case (the trial record 110-12 pages), the Defendant agreed to pay KRW 5 million to the victim M in the 2016 Highest 4096 case (Evidence record of the instant case, page 84-86, the trial record 126-128 pages), and (2) the degree of injury to the victim of the escape vehicle is not much serious as three main injuries of the verted bones, 2014 highest 991 case (Evidence 22, the evidence record of the 2014 Highest 991 case). ③ The Defendant was detained in custody for at least six months in the state of visual disability 1 in the lower court, and the Defendant did not have an opportunity to reflect his mistake, taking account of the following circumstances: (i) the Defendant’s age and condition of the crime; and (ii) the Defendant’s age and other circumstances.

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.