사기
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s gist of the grounds for appeal (e.g., a form of punishment) in light of the same and several methods, including the fact that the Defendant received a fine of KRW 1.5 million from the Cheongju District Court on May 29, 2014 as a crime of fraud, and had been punished several times, the sentence of the lower court that sentenced a fine of KRW 2 million is too uneasible and thus unfair.
2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s punishment cannot be deemed as being too unjustifiable, even if considering the following: (a) the Defendant’s mistake is against the judgment; (b) there is no record of criminal punishment other than a fine; (c) the victim does not want the punishment of the Defendant; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of the instant crime; (b) the circumstances before and after the instant crime; and (c) the character, conduct, and environment of the
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.
However, according to the records, since it is obvious that there are some errors in the following, the court below's decision is corrected to add "the selection of fine" to "Article 347 (1) of the Criminal Act" in the column of applicable law for criminal facts in the application of the law.