사기
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The fact that the judgment defendant obtained money from victims is not a considerable amount, etc. is disadvantageous.
On the other hand, at the time of the instant case, there was an active deception by the Defendant at the time of the instant case, that the Defendant was properly aware of and against his mistake, that there was no criminal record for the Defendant, that there was no criminal record for the same kind of crime, that was agreed with the victims, and that the money acquired by the victims was returned.
It is advantageous to the fact that it is not visible.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.
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.