사기
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.
2. In full view of the following circumstances: (a) the Defendant did not agree with the victim; (b) the Defendant was unable to fully repay the amount of damage; (c) the Defendant was the first offender and the second offender; (d) the Defendant deposited KRW 1 million for the victim in the trial; (c) the Defendant’s health was not good by performing the crypt operation; and (d) the Defendant’s age, character and conduct; (d) the motive, means, and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment
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.