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The prosecutor's appeal is dismissed.
Reasons
1. On June 12, 2013, the lower court dismissed the public prosecution on the grounds that the victim expressed his/her intent not to have the Defendant punished after the prosecution, among the facts charged in the instant case, and found the remainder of fraud guilty, and sentenced the suspended sentence of two years and the observation of protection for one year.
Accordingly, the defendant did not appeal and only the prosecutor appealed against the guilty portion.
Therefore, since the part of the judgment of the court below against which the defendant and the prosecutor did not appeal is separately confirmed by the expiration of the appeal period, the scope of the judgment of this court is limited to the conviction part of the judgment
2. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, observation of protection) imposed by the court below on the defendant is too unfasible and unfair.
3. The crime of this case is deemed not to be less severe than the nature of the crime in light of the amount of the fraud, the frequency of the defraudation, and the fact that the defendant has the records of the same kind of crime, but the defendant has reached an agreement with the victim in the first instance and paid the victim the above 60 million won to the victim. The victim does not want to punish the defendant. The crime of this case must consider equality in the case of judgment at the same time as the crime of fraud stated in the judgment of the court below, and other factors that are conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., it is not deemed to be unfair because the sentence imposed by the court below is too uneasible.
4. 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 is without merit. It is so decided as per Disposition.