사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the community service order of two years of suspended execution and one hundred and twenty hours of imprisonment for eight months) of the lower court is deemed to be too unhued and unreasonable.
2. However, it is not easy for the defendant to commit the crime by deceiving approximately 48 million won from the victim.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the Defendant; (b) the Defendant paid KRW 25 million to the victim at the lower court; and (c) the Defendant rendered a “agreement on debt reduction and exemption” with the victim that the victim would not raise any criminal objection in the future; and (d) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances that form the condition for sentencing as indicated in the instant case, such as the circumstances after the commission of the instant crime, the lower court’s sentence is deemed unreasonable.
Therefore, the prosecutor's above assertion of unfair sentencing is without merit.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.