사기
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (one year of suspended sentence for six months) of the lower court’s punishment is too unfilled and unfair (a prosecutor stated that he/she should be punished by imprisonment with prison labor for ten months). It is recognized that the Defendant did not recover from damage.
However, in full view of the following circumstances: (a) the amount obtained by the Defendant is relatively large; (b) there was a history of having been punished once as a same crime; (c) there was a fine of KRW 500,000,000; and (d) other circumstances that are conditions for sentencing as indicated in the records and theories of changes, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime; and (d) the scope of the recommended sentences of sentencing guidelines (one to one year and six months), general fraud/100,000 won and basic areas, the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, the prosecutor's improper argument of sentencing is without merit.
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.