사기
The prosecutor's appeal is dismissed.
1. The following facts are the circumstances unfavorable to the Defendant: (a) the Defendant shared the role and role of the Defendant in determining the grounds for appeal (e.g., unjust assertion) and committed the instant fraudulent act in a planned manner: (b) the Defendant committed the instant fraudulent act by deceiving the Defendant that “E would pay the Plaintiff with high profits if he/she borrowed money necessary to find a gold leader in a foreign country; (c) the amount of damage to the instant fraudulent act exceeds KRW 130 million; (d) the amount of damage to the instant fraudulent act exceeds KRW 100 million; and (e) there was no circumstance to deem that the victim did not reach an agreement with the victim up to the trial and otherwise took measures to recover damage.
However, in light of various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relationship, means and consequence of the crime, circumstance after the crime, etc., the lower court’s punishment (eight months of imprisonment) cannot be deemed unreasonable, as it is too unaffortunate, in light of the following circumstances: (a) the Defendant has no history of punishment for the same crime prior to the instant fraud; (b) the equity in the case where the Defendant was tried with the crime for which the judgment became final and conclusive along with the crime; and (c) there are children to support; and (d) there
2. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However, among the reasoning of the judgment of the court below, it is clear that Article 30 of the Criminal Act has been omitted in the following "Article 347 (1) of the Criminal Act" of the "Article 347 (1) of the Criminal Act," and thus, it is corrected to add it in accordance with Article 25 of the Regulations on Criminal Procedure.