사기
The prosecutor's appeal is dismissed.
1. The lower court’s punishment (ten months of imprisonment and two years of suspended execution) is too unafford and unfair, taking into account the fact that the amount of fraud of the grounds for appeal is reasonable, but the full recovery of damage has not yet been made, and that it does not peep the dogmatic intent in the lower court, such as denying the criminal intent by defraudation.
2. In light of various sentencing factors revealed during the pleadings of the instant case, such as the fact that: (a) the court below’s determination was made; (b) the Defendant had no penalty power exceeding the fine prior to each of the instant crimes; (c) the Defendant ought to consider equity in the case of receiving the judgment of embezzlement along with the occupational crime as indicated in the judgment of the court below where the judgment became final and conclusive; and (d) the Defendant appears to have repaid a considerable portion of the amount acquired through deception, such as additional repayment of a sum of KRW 5.1 million to the victim K, etc., the sentencing of the court below does not seem to have exceeded the reasonable scope of discretion because the sentencing of the court below is too uneasible.
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.