사기
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment, two years of suspended execution, and forty hours of community service) is too unfluent and unreasonable.
2. The total amount of damage caused by the instant crime reaches approximately KRW 9.8 million. Nevertheless, the Defendant did not agree with the victim, and the Defendant did not receive the letter from the victim is disadvantageous to the Defendant.
On the other hand, the following points are favorable to the defendant.
The Defendant led to the confession of the facts charged in the instant case and divided his mistake.
Defendant has no record of punishment for the same kind of crime.
It seems that the criminal intent of the defendant for the crime of this case is weak.
In addition, comprehensively taking account of various sentencing conditions as shown in the records and arguments of this case, such as the age, sex, environment, relationship with the victim, etc. of the defendant, the sentence of the court below is not deemed unfair because it is too low.
Therefore, prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.