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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant deceivings three victims and defrauds the sum of KRW 13 million in the name of borrowed money, and the crime is not less weak, and there is no agreement with the victims up to the trial, and no measures are taken for the recovery of victims' damage.
On the other hand, the fact that the defendant has no record of criminal punishment before, and that the defendant does not repeat the same mistake again is more favorable to the defendant.
In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.