사기
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment) is deemed to be too unhued and unfair.
2. The fact that the amount of damage suffered by the victim exceeds KRW 50 million is disadvantageous to the defendant.
However, considering the fact that the Defendant did not have the record of committing a crime exceeding the fine, the extent of the Defendant’s deception is relatively weak, the fact that the Defendant recognized and reflected his mistake, and other circumstances shown in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too uneasible, and thus, the prosecutor’s assertion is not acceptable.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.