사기
The prosecutor's appeal is dismissed.
The gist of the reasons for appeal by the prosecutor is that the court below's punishment (two years of suspended sentence in August) is too unfasible and unfair.
It is recognized that the fraud amount by the crime of this case reaches KRW 74 million, etc.
However, in full view of the following factors: (a) the Defendant is against the instant crime; (b) the actual damage that the victim suffered by the instant crime appears to fall short of the defrauded money; and (c) the Defendant is the primary offender; and (d) the Defendant’s age, character and conduct, environment, the process and consequence of the instant crime; and (c) the circumstances after the instant crime, etc., it is deemed that the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion is groundless
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.