사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal in light of the fact that the amount of damage to the victim D (hereinafter “victim”) caused by the Defendant’s act of defraudation of this case is not much significant, despite the fact that the Defendant denies and does not reflect the crime of this case, and that the Defendant did not reach an agreement with the victim, the punishment (two years of suspended execution in six months of imprisonment) sentenced by the lower court is too uneasible and unfair.
2. Taking into account the circumstances alleged by the judgment prosecutor, the following facts are considered: (a) the Defendant made confessions and reflects the instant crime for the first time; (b) the degree of the Defendant’s deception is relatively minor; (c) the Defendant paid the victim a total of KRW 4.5 million over six times from December 16, 2008 to June 26, 2009 as interest; (d) KRW 4.5 million as principal; (c) the Defendant paid the victim a total of KRW 4 million on May 9, 2013 to July 3, 2013; (d) the Defendant is in the position to support his family; (c) other character, conduct and environment of the Defendant; (d) the background and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the prosecutor’s assertion as above cannot be deemed unfair since the sentence imposed by the court below is unjustifiable.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.
(However, among the judgment below, it is clear that the "1,382,00 won" in the second 19th 19 of the facts constituting the crime is a clerical error in the "1,450,00 won", and thus, it shall be corrected ex officio in accordance with Article 25 (1) of