사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the community service order of two years of suspended execution and one hundred and twenty hours of imprisonment for eight months) of the lower court is deemed to be too unhued and unreasonable.
2. However, the crime is not good by deceiving the victim and by deceiving the victim with a large amount of money of KRW 70 million.
However, in light of the following circumstances: (a) the Defendant was found to have committed the instant crime when it was in the trial; (b) the Defendant was in violation of the depth of the instant crime; (c) the Defendant was punished once by a fine; (d) the Defendant remitted KRW 118,970,00 to the account of the victim; and (e) the amount of actual damage to the victim was spent as insurance premium; and (e) other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, the prosecutor's above assertion of unfair sentencing is without merit.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.