사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of imprisonment with prison labor for a year, two years of probation, one hundred and twenty hours of community service) declared by the court below is too unfased and unreasonable.
2. In light of the fact that social harm caused by the crime of “singing” is very serious, it is recognized that there is a need to strictly punish the act of participating in the “singing” crime like the crime of this case. The so-called “singing” in which the Defendant is responsible for the completion of the crime of “singing” is an essential and critical role, and the liability for the crime is not easy, and the amount of cash damage withdrawn by the Defendant is the total amount of KRW 23.9 million, and that there is no agreement with the victims.
However, considering all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant crimes, etc., the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant has been led to each of the instant crimes; (b) there is no history of criminal punishment; (c) it appears that the Defendant did not play a leading role in each of the instant crimes; (d) the actual profit is not significant compared to the total amount of damage; (e) the period of participation in the instant crimes; and (e) the number of withdrawals in cash exceeds one day; and (e) the number of times when accomplices partly repaid to the victim B; and (e) the Defendant’s age
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 on the ground that it is without merit. It is so decided as per Disposition.