사기
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (two years of imprisonment with prison labor for a year, two years of probation, and two hundred hours of community service) is too unfluent and unreasonable.
2. In light of the form and method of the instant crime, etc., it is recognized that the liability for the instant crime is heavy, and that the amount of fraud is up to 118 million won, etc.
However, considering all of the sentencing conditions stated in the arguments in this case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., in light of the fact that the Defendant led to the confession of the crime, that his mistake is the first offender, that has agreed with the victim, that considerable damage has been recovered, and that the Defendant’s punishment is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.