The prosecutor's appeal is dismissed.

The court below's sentence (six months of imprisonment and two years of suspended execution) against the defendant in summary of the reasons for appeal by the prosecutor is too unfasible.

Judgment

The crime of this case is recognized as disadvantageous to the defendant, such as the fact that the defendant acquired 25 million won from the damaged person as investment money, that the criminal liability is heavy in light of the contents of the crime, that the defendant did not agree with the victim, and that the same criminal records of the defendant are several times.

However, it is reasonable to respect the Defendant in a case where: (a) the Defendant made confession of the instant crime while committing the instant crime; (b) the Defendant repaid KRW 3 million to the victim; (c) additionally repaid to the victim in the first instance trial; (d) the Defendant paid KRW 17 million to the victim; (b) the equity with the case where the Defendant was tried along with each fraudulent act in which the judgment became final and conclusive; and (c) the Korean Criminal Procedure Act, which adopts the principle of court-oriented trials and the principle of direct supervision, has the unique area of the first deliberation as to sentencing; and (d) there is no change in the conditions of sentencing compared with the first instance trial; and (e) the first sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the Defendant, supra, do not constitute a change of circumstances that could change the sentence of the lower court; and (e) there is no undue reason to consider the circumstances in the instant criminal proceedings against the Defendant.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.