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The prosecutor's appeal is dismissed.
Reasons
1. The sentence of the court below (three years of imprisonment, four years of suspended execution) is too unfasible to the gist of the reasons for appeal.
2. The crime of this case is not highly likely to be committed by the Defendant in collusion with B by acquiring money of at least KRW 800 million from the victim.
The defendant's crime seems to have suffered not only a large amount of property damage but also a considerable mental impulse.
The victim's damage has not been recovered, and the defendant has not received a letter from the victim.
The victim wanted to be punished by severe punishment of the defendant.
Such circumstances are disadvantageous to the defendant.
On the other hand, the following can be taken into account: (a) the Defendant made confessions of all the facts charged in this case from the investigative agency and made efforts by his father to recover damage to the victim, thereby recovering part of damage to the victim; (b) the crime in this case should take into account the equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to fraud, fabrication of official document, uttering of forged official document, etc., which became final and conclusive; (c) the Defendant suffers from serious depression, depression, and yellow disorder to the extent that it is impossible for him to contact with others at the same time; and (d) his father is leading the Defendant while his father reports the Defendant to the Defendant, etc., and thus, the inter-family relationship is maintained as favorable to the Defendant.
In full view of all such factors as the Defendant’s age, character and conduct, environment, motive and background of the offense, circumstances after the offense, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court Sentencing, it is difficult to view that the lower court’s sentence is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.