2. In light of the fact that the Defendant, who did not have any particular means, intended to lend the balance of the successful bid price for the subject matter of the auction in this case to the victim, by deceiving the victim, and instead, acquired money from the victim, and the nature of the crime is considerably poor in light of the circumstances and contents of the crime, the Defendant committed the instant crime even though already been punished several times in fraud, and the Defendant did not reach an agreement with the victim, it is necessary to strictly punish the Defendant.

However, considering the fact that the defendant fully repaid the amount of fraud by the crime of this case to the victim, the defendant's age, character and conduct, family environment, and motive, circumstance, means, method and consequence of the crime of this case, etc., the court below's punishment is too unjustifiable and thus, it cannot be deemed unfair. Thus, the prosecutor's assertion cannot be accepted.

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. It is so decided as per Disposition.