사기
The prosecutor's appeal is dismissed.
The defendant pays 203,100,000 won to the applicant by fraud. The above order shall be issued.
1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.
2. In light of the form, method, frequency, etc. of the instant crime, etc., it is recognized that: (a) the liability for the instant crime is heavy; (b) the amount obtained by deception is the larger amount to KRW 23.1 million; (c) the damage was not recovered; and (d) the victim did not agree with the victim; (b) the victim appears to have suffered considerable economic and mental suffering; and (c) the victim is humping the Defendant’s severe punishment.
However, considering the following facts: (a) the Defendant’s mistake is divided; (b) there is no history of punishment heavier than a fine; and (c) there is no change of circumstances that may vary between the original judgment and the punishment for the same crime; (d) the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes; and (e) the circumstances after the commission of the instant crimes, etc., the lower court’s punishment is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and is ordered to pay 203,10,000 won by deceit to the applicant for compensation pursuant to Articles 25 (1), 31 (1), and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. It is so ordered as per Disposition by ordering the defendant to declare provisional execution pursuant to Article 31 (3) of the same Act.