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The prosecutor's appeal is dismissed.
Reasons
1. The reasoning of the appeal is that the lower court’s punishment (in respect of each fraud listed in [Attachment 1] Nos. 1 and 2 in the original judgment, a fine of eight million won is imposed, and in respect of the crime of fraud listed in [Attachment 3] and [Attachment 7], the sentence of imprisonment with prison labor for six months is too uneased and unfair.
2. Although the Defendant was punished several times only for the same type of fraud, part of the instant crime was committed during the period of repeated crime, and did not agree with the victim even before the trial. However, the Defendant recognized the instant crime as an old age, and deposited KRW 25 million out of the total amount of the defrauded money to the victim at the lower court, and there was no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment was rendered.
In addition, considering other circumstances, such as the Defendant’s age, character and conduct, environment, current occupation, motive, means and consequence of the crime, relationship with victims, and circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s assertion is without merit.
3. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.