사기
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued and unreasonable;
2. Determination: (a) the Defendant paid KRW 17.4 million in total from the crime (the total amount of KRW 3,110,000) to the judgment of the court below; (b) the Defendant recognized that it was erroneous and paid KRW 10.5 million additional money to the victim (i.e., KRW 1., KRW 9 million on March 19, 2015; (c) the Defendant paid KRW 1.5 million on July 1, 2015; (d) the Defendant did not have the criminal power of imprisonment without prison labor or heavier punishment; and (e) the Defendant’s age, character and conduct, family environment, etc.; and (e) the sentence of the court below is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.