사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) is deemed to be too uneasy and unfair.
2. The judgment defendant committed the instant crime even though he/she had a record of criminal punishment several times due to the same crime, and the fact that the amount of fraud is considerable is disadvantageous to the defendant.
However, in full view of the favorable circumstances, such as the fact that the crime is recognized and against the victim C, H, and K, the fact that an agreement is reached with the victim N, the repayment of 4 million won to the Defendant’s family members, the Defendant’s family members are leading the Defendant, and other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view that the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.