2. The crime of this case is an unfavorable circumstance to the defendant, such as that the defendant deceivings the victim and is provided with food equivalent to KRW 23,00,00 in total market value, and furthermore, the victim's failure to conduct his/her behavior when demanding the payment of the food value, and obstructing the restaurant business of the victim, and that the crime of this case is not less complicated. Even if the defendant had been subject to notification disposition or summary order several times even before he/she had been issued, he/she left the crime of this case in the form of an integrative type, and he/she did not reach an agreement with the victim up to the trial, and did not take any particular measures for the recovery of damage.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that the amount of fraud is a small amount of 23,000 won, and that the defendant would not repeat such mistake again is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.