사기
The prosecutor's appeal is dismissed.
1. According to the prosecutor’s assertion of unfair sentencing, the crime of this case is recognized as having received large amounts of loans by abusing the public fund operation system to support treasury funds by guaranteeing the credit of farmers and fishermen who lack security power, and the nature of the crime is bad. It is recognized that only KRW 50 million out of KRW 181,59,290 subrogated by the victim’s Agriculture and Forestry Credit Guarantee Fund has been repaid through the auction procedure, etc., and thereafter, the victim exempted the Defendant from the amount of damages until the time when granting approval of the installment repayment agreement during the judgment of the court below, thereby exempting the victim from the amount of damages until that time. Ultimately, it is recognized that the amount of the victim’s claim for reimbursement against the Defendant was approximately KRW 130,000,000,000,
However, taking into account the following circumstances: (a) the Defendant reflects the Defendant’s mistake; (b) the Defendant agreed to make installment payments by agreement with the victim; (c) KRW 11,80,000 equivalent to approximately 129,034,267 out of the principal amount to be paid in lump sum pursuant to the agreement; and (d) the remainder of installment payments are being paid in accordance with the installment payments plan; and (c) the Defendant has no record of criminal punishment in the past; and (d) all the sentencing conditions indicated in the records and arguments of the instant case, such as the Defendant’s age, character and conduct, home environment, motive, means, method, and consequence leading to the instant crime; and (e) the sentencing conditions indicated in the records and arguments of the instant case, such as the circumstances before and after the instant crime, are adequate and unreasonable.
2. 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.