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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The victim C actively deceivings the victim C and repeatedly obtains money for a considerable period of time, and the crime is not more likely to be committed by taking money stored for the victim's personal trust and the victim's personal trust.
Although the victims are many and the amount of fraud was not much, damage recovery was not made at all.
The victims other than C seems to have suffered from the crime of this case as daily workers.
On December 29, 2008, the Defendant was sentenced to imprisonment for a crime of fraud, etc. in the Daegu District Court Kimcheon branch on December 29, 2008, and has been punished three times for the same type of crime.
On the other hand, the fact that the defendant is recognized as a crime and is against the defendant is favorable to the defendant.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is somewhat minor.
There is room to see, but it is so.
Therefore, the prosecutor's assertion is not acceptable, since it is not recognized to be more unfair than that to be sentenced to a more severe punishment.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.