Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the lower court (ten months of imprisonment) is too unfased and unreasonable.
2. The Defendant: (a) obtained the price by deceiving victims as if he/she sold block toys, contact diskettes, etc. from NAV, which is used by many and unspecified persons; and (b) taking into account the scale, period, frequency, and method of typical Internet fraud, it is not very good to commit a crime.
Defendant has been punished for the same kind of crime.
Considering these circumstances, the defendant should be punished strictly.
However, the Defendant led to confession of each of the crimes of this case and is in depth against it.
The defendant does not want the punishment of the defendant by compensating a considerable number of victims for the amount of damages and by mutual consent.
Among the other victims, the damage suffered by the applicant seems to be recovered.
A defendant has no record of punishment exceeding a fine due to the same or a different kind of crime.
In addition, considering all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, the circumstances after the crime was committed, the sentence imposed by the court below is appropriate.
The prosecutor's assertion is without merit.
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.