사기
The prosecutor's appeal is dismissed.
1. The instant crime of determining the grounds for appeal is an unfavorable circumstance to the Defendant, on the following grounds: (a) the Defendant posted a false statement on the Internet website that he/she would sell lapt North Korea and other goods; and (b) the nature of the crime is not somewhat less than that of the crime committed through the fraud by receiving money from the victims who reported the fact through several times; and (c) the Defendant did not agree with the victims up to the trial; and (d) there were no other circumstances to deem that the Defendant took measures to recover from damage.
However, in light of various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, family relationship, means and consequence of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment (limited to four months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable, in view of the following circumstances: (a) the Defendant’s age is relatively old and has no record of criminal punishment; (b) the Defendant’s age is relatively old and has committed an offense to raise living expenses, such as lodging and lodging expenses; and (c) the amount acquired by deception is not much high.
2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.