사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the community service order 120 hours) imposed by the court below is too unfasible and unfair.
2. The crime of fraud of this case in light of the method of deception, the degree of damage, etc. is not good in light of the following: (a) the defendant received approximately KRW 36 million from the injured party, who was ever teaching at the time, for investment, a delivery of approximately KRW 36 million under the pretext of investment; and (b) the defendant
In addition, the prosecutor's argument that it is necessary to punish the defendant more severely considering the frequency and amount of gambling crimes.
However, the defendant agreed with the victim of the crime of fraud in the course of investigation, and thereafter, the court below made efforts to recover damage by paying 5 million won to the victim in addition to 2 million won in the trial.
A defendant has no criminal record of fraud or gambling, and has no record of criminal punishment exceeding a fine.
The defendant reflects his fault.
In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive for committing a crime, circumstances after committing a crime, criminal record, and family relation, it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.