사기
The prosecutor's appeal is dismissed.
1. The sentence of the court below (one year of imprisonment) is too unfeasible in light of the fact that the amount of fraud by the crime of this case is high due to the crime of this case and the defendant did not make efforts to recover damage.
2. Although there are circumstances unfavorable to the Defendant, such as the fact that the Defendant did not take any measures to recover the above damage even though the amount acquired through the instant crime was a sum of KRW 270 million, the Defendant did not take any measures to do so. However, the Defendant appears to have an attitude against his mistake. The instant crime was committed in line with the crime of fraud, etc. on which the judgment became final and conclusive, and thus the judgment and equality should be taken into account at the same time. Taking into account all the sentencing conditions indicated in the instant argument, such as the Defendant’s age, sexual behavior, environment, and circumstances leading up to the instant crime, etc., the lower court’s punishment is too unjustifiable and is not deemed unfair
Therefore, prosecutor's assertion is without merit.
3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.