Text
The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (a fine of 6 million won) is too unhued and unreasonable.
2. Determination
A. The Defendant, by deceiving the victim to marry with the victim, failed to repay the amount of approximately KRW 2,3160,00,000, and it is not easy to receive a letter from the victim to commit such crime.
B. Meanwhile, there are extenuating circumstances, such as the Defendant’s failure to impose a fine before 2009, except for the previous convictions, and the Defendant appears to be responsible for the expansion of damage to the victim.
In addition, considering all sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.