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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.
2. The judgment of the defendant does not use neys to recover damage caused by each of the crimes of this case until the trial room, and most of all, the previous crimes have been punished five times or more as the same crimes, and considering that the defendant's repeatedness of each of the crimes of this case and the separate fraud crimes of this case (see "Probation situations" bound in the trial records) without being aware of even though he had already been sentenced to a fine twice after the judgment of the previous suspended sentence was rendered two times after the judgment of the previous suspended sentence, the quality of the crime cannot be deemed to be less easily. In addition, considering the fact that the risk of recidivism is very high in light of the Criminal Procedure Act, the Military Force Act, and the character and conduct of the defendant, warning to the defendant is necessary to take into account in order to prevent recidivism.
However, in light of the circumstances such as the fact that the scale of damage is not so large, the defendant fully compensates for the amount of the damage acquired by deceit when he violated each of the crimes of this case, and that it is necessary to give the opportunity to lead a social life in good faith in the future, and that if the sentence is imposed on the principal case, it would result in a somewhat harsh result of the invalidation of the suspended sentence, it is reasonable to maintain the court below's fine as it is, and thus, it is reasonable to accept the prosecutor's allegation of unfair sentencing.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The point of fraud under Article 346 of the Criminal Act in relation to the pertinent Article of the Criminal Act and the choice of punishment;