사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment, two years of suspended sentence, and 120 hours of community service order) is deemed to be too uneasible and unfair.
2. The fact that the judgment amount obtained by deception is KRW 30 million, which is not certain, is disadvantageous to the defendant.
However, in full view of the favorable circumstances, such as the fact that a crime is recognized, and is against the law, that the court below deposited 6 million won for the victim, and that a sum of 3.7 million won for the victim was paid to the victim in the first instance trial, and that there was no record of criminal punishment, and that there was no record of criminal punishment, and other favorable circumstances such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, it is difficult to view that the sentence of the court below is too uneasible and unfair.
Therefore, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.