사기
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (three years of imprisonment and five years of suspended execution) is deemed to be too unhued and unfair.
2. Determination
A. The instant crime is a case in which the Defendant acquired a large amount of KRW 916 million in total by taking advantage of personal trust relationship from the wife’s relative, etc., and the Defendant’s responsibility is not weak in light of the relationship with the victims, the amount of damage, etc.
B. On the other hand, there are extenuating circumstances, such as submission of a confirmation statement that the above victims received part of the amount of damage as the Defendant’s wife, by mutual agreement with the victims except the victims S (amount of damage KRW 30 million).
In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the lower court’s punishment is adequate.
3. The prosecutor's appeal of conclusion 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.