사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (one year of imprisonment and two years of suspended sentence) is too unhued and unreasonable.
2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant, who engages in food supply business, deceivings the victim who is pro-friendly job offers to guarantee his/her own debt by deceiving him/her as a joint guarantor due to the difficulty in operating the food supply business, and obtains pecuniary benefits or money from the victim by directly borrowing the operating fund. The crime committed several times by using the personal trust relationship, and the responsibility is not less minor, and the sum of the financial benefits or money acquired by the defendant from the victim is up to 49 million won, and the damage of the victim has not been recovered and the agreement has not been reached.
On the other hand, the defendant's mistake and reflects that the victim suffered damage due to the crime of this case, and the defendant's operation of the business with considerable sales and operation of the business, which led to the crime of this case due to the aggravation of management conditions, such as failure to recover claims from the transaction company, etc., which led to dolus negligence. The defendant also discontinued the business with heavy debts, and the defendant has discontinued the business, and has no record of criminal records or punishment other than twice fines for the defendant.
In full view of the above circumstances and other circumstances that lead to the instant crime, including the background and motive, the circumstances after the commission of the crime, the age, sexual conduct, family relationship, occupation, etc. of the Defendant, and the conditions for the sentencing as shown in the records and arguments, there is no change of circumstances that may determine different from the original judgment and the punishment. As such, the lower court’s sentence is too uneasible and unfair, the Prosecutor’s allegation of the foregoing unfair sentencing is rejected.
3. In conclusion, the prosecutor’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.