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The prosecutor's appeal is dismissed.
Reasons
The court below's sentence (ten months of imprisonment, two years of suspended execution, and three hundred hours of community service order) against the defendant in summary of the prosecutor's appeal grounds is too unfasible and unfair.
Judgment
The crime of this case is committed by the victim C, D, E, and F, even though the defendant does not have an intent or ability to pay a fraternity by operating a normal number system, the criminal of this case is committed by acquiring KRW 78,888,00 in total from the victim C, D, E, and F under the pretext of a fraternity, by acquiring KRW 20,000 from the victim M under the pretext of a loan, and in light of the details of the crime, such as the amount of fraud, the criminal liability is heavy, and the fact that the defendant was not
However, it seems reasonable to respect the determination of sentencing in our criminal litigation law, where there is no change in the conditions of sentencing in comparison with the first instance court, and the first instance court did not change in the conditions of sentencing, and the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances unfavorable to the defendant prior to the judgment of the court below, such as the following facts: (a) the victim D, E, and F agreed that the defendant would not want the punishment of the defendant; (b) the family member of the defendant would appear to be relatively clear in the social relationship of the defendant; (c) the defendant is the first offender who has not been subject to criminal punishment so far; and (d) the defendant is the first offender who has not been subject to criminal punishment so far; and (d) the criminal litigation law in Korea, which takes the principle of court-oriented trial and the principle of direct supervision; and (d) the court below's aforementioned circumstances do not seem to fall under any special circumstances to change the defendant's punishment.