사기
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment and three years of suspended execution) is deemed to be too unhued and unfair.
2. Determination of the court below: (a) a large amount of money obtained through the crime of this case reaches a total of 300 million won; (b) the victim was punished against the defendant because it was impossible to agree with the victim until the trial at the trial; (c) there is no equal criminal power to the defendant; (d) the defendant confessions the crime of this case and is in profoundly against the defendant; (c) the defendant borrowed money from the victim to raise business funds at the time; (d) it appears that the defendant was unable to repay the above money; (e) the defendant borrowed money from the victim to raise business funds; (e) the defendant paid interest of KRW 43,20 million for several times after borrowing money from the victim; (e) the court below deposited KRW 12 million for the victim; and (e) deposit KRW 10 million in four times at the trial at the trial; (e) there is no other favorable penalty power except for a violation of the Labor Standards Act on July 2013; and (e) the defendant's age, character and behavior, circumstances, and all of the crime of this case after the judgment of this case.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.