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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (limited to four months of imprisonment, one year of suspended execution, and 80 hours of community service) is too uneased and unreasonable.
However, there is no recovery of the victim E's damage caused by the crime of this case, and the defendant has two records of punishment for fraud, and is disadvantageous to the defendant.
However, considering the fact that the victim’s amount of damage caused by the instant crime was 10 million won, the above criminal records were prior to 1996, and there were no other criminal records against the Defendant, the lower court additionally ordered community service for a considerable period of time, and all other circumstances constituting the conditions for the sentencing specified in the instant case, the lower court’s sentencing is too unjustifiable and unreasonable.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.