사기
The prosecutor's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, the community service) is deemed to be too unfasible and unfair.
2. In full view of the circumstances that the Defendant committed the instant crime during the period during which the instant crime was committed in the same kind of fraud (the period of probation was imposed at the time the lower court sentenced the period of probation), the fact that a considerable part of the damage was not recovered, etc., the favorable circumstances that reflects the Defendant’s mistake, such as the fact that the Defendant returned part of the amount of fraud (2.3 million won), and other factors of sentencing as shown in the instant records and arguments, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, circumstances after the crime, etc., it does not seem that the lower court’s punishment is too unreasonable.
3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.