사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended execution for six months of imprisonment, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable.
2. However, it is recognized that the Defendant did not make every effort to recover damage from the victim, even though the amount obtained by deception from the victim is not a total of KRW 19 million, up to the trial.
However, in full view of the following circumstances: (a) the Defendant led to the Defendant to commit the instant crime; (b) the Defendant did not have any previous conviction; and (c) the Defendant’s age, character and conduct, environment, motive for committing the instant crime and circumstances after committing the instant crime; and (d) other circumstances that are conditions for sentencing as indicated in the pleadings, it is not determined that the sentence imposed by the lower court
Therefore, prosecutor's assertion is without merit.
3. In conclusion, 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.