사기
The prosecutor's appeal is dismissed.
An applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal by the prosecutor is unreasonable because the sentence imposed by the court below (ten months of imprisonment and two years of suspended execution) is too unfunied.
2. In light of the following: (a) the Defendant had the record of having been punished several times for the same crime; (b) the instant crime was committed by deceiving a large number of unspecified persons to sell mobile phones as if they were to sell mobile phones and by deceiving money in a planned way; and (c) the nature of the crime is not good; (c) the Defendant did not have any other criminal records other than the previous offense; (d) the Defendant was detained and tried for more than two months in the lower court and appears to have recognized his mistake and against himself; (c) the Defendant’s family members paid a considerable amount of damages to the Defendant’s family members; and (d) other circumstances, such as the process and means of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's appeal is without merit, and the application for compensation order by the applicant for compensation is not clear, and thus, the application is dismissed in accordance with Article 32 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings