사기
The prosecutor's appeal is dismissed.
The defendant shall pay 32 million won to the applicant for compensation by fraud.
3.2
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.
2. Considering the fact that the accused, even though he/she has no intention or ability to install an elevator, defrauds the victim with 32 million won by deceiving the victim, and does not recover from the damage, it is necessary to strictly punish the accused.
However, in light of the fact that the defendant led to the crime of this case, there is no record that the defendant was punished for the same kind of crime, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, family environment, etc., it is not recognized that the sentence of the court below is too unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation for the amount of 32 million won by defraudation of the applicant for compensation raised in the trial room is with merit. Thus, it is decided as per Disposition by citing the application in accordance with Articles 25 (1) 1 and 31 (2) and (3) of the Act on Special Cases Concerning Promotion,