2. In full view of the circumstances, such as the fact that the damage caused by the instant crime was not completely recovered and that it was not agreed with the victim, the denial of the criminal intent by defraudation up to the trial court, etc., but there are no criminal records of the Defendant, the circumstances that may be considered in light of the circumstances leading to the instant crime, and other various sentencing conditions that were shown in the records and arguments, such as the Defendant’s age and criminal records, the circumstances before and after the instant crime, etc., the lower court’s sentence against the Defendant is too uneasible and unreasonable.

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