사기
The prosecutor's appeal is dismissed.
1. Of the facts charged, the lower court found the Defendant guilty of fraud as to the part of the charge that was obtained KRW 300,000 from the victim and acquired by fraud as shown in the attached Table 2 on the grounds that the Defendant was not guilty, and the prosecutor did not appeal the said part of the charge.
Pursuant to the principle of no appeal (Article 342(2) of the Criminal Procedure Act), the part not guilty as well as the part of the judgment of this court was transferred to this court, but this part was already excluded from the object of attack and defense between the parties, and thus, the aforementioned part of the judgment of the court below is subject to the conclusion of the judgment of the court below, and the decision
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution, community service work hours for 80 hours) declared by the court below is too unfasible and unfair.
3. We examine the judgment, and consider various sentencing conditions as shown in the records and arguments of this case, even when considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court’s punishment is too uneasible and unreasonable.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.