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The appeal by the prosecutor is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment, two years of suspended execution) is too unfased and unfair.
Judgment
The crime of this case is committed by deceiving the victims who intend to purchase the goods through the Internet goods transaction site by continuing to reflect the fact that it is not good to commit such crime, the defendant failed to pay the amount of damage up to the present, the fact that the defendant was unable to reach an agreement with the victims, and the fact that there was a history of being sentenced to a fine for the same kind of crime is disadvantageous to the defendant.
However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the Defendant’s confession of the instant crime and the Defendant’s mistake to not repeat again while reflecting his depth; (b) appears to have caused the instant crime in order to raise the living expenses of his family in difficult circumstances; (c) there was no history of having been sentenced to a suspended sentence or heavier punishment; and (d) there was a long period of detention.
In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 1 year to 2 years, from 1 year to 10 million won, from 1 year to 2 years, from 1 year to 1 year to 2 years, from general fraud crimes (the amount less than 100 million won), special persons (unspecific or multiple victims), the scope of the recommended sentence, and the scope of the recommended sentence (1 to 2 years), the scope of the recommended sentence (1 to 16 months), and the scope of the suspended sentence (1 to 1 year and 2 months), and it is not recognized that the court below’s sentence is too unreasonable, considering all the sentencing conditions
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.