사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant has repeatedly committed deception against many and unspecified persons in preparation for employment of crew members for a considerable period of time, and the amount of deception per victim is not large; (b) however, the victims who prepared to work as a result of the instant crime have invested time and effort in the class with no particular value and lost an important opportunity for support; and (c) the punishment (two months of imprisonment and two years of suspended execution) imposed by the lower court is too uneasible.
2. Determination is an unfavorable circumstance in sentencing, such as the following: (a) the Defendant’s deception, the content of the Defendant’s deception, the fact that a large number of victims were committed, the crime continues to exist for a considerable period; and (b) the victims who prepared employment as well as mere money have lost time, effort, and opportunity to support.
However, in light of the fact that the defendant recognized the crime of this case, the defendant's recent childbirth and agreed with 21 children among the 47 victims, and the 24 victims paid 140% or 200% of the amount of fraud on the premise of each agreement, the fact that there is no criminal record, and other circumstances after the crime, etc., it is too unreasonable to the extent that the sentence imposed by the court below should be reversed.
The prosecutor's assertion of unfair sentencing is without merit.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.