2. Determination

A. It is recognized that the Defendant committed the instant fraud again while being investigated by an investigative agency due to other frauds, committed the instant fraud again while being under investigation by another investigative agency, did not have been agreed with the victim, did not fully repay the damage, had the record of being punished by a fine due to fraud, and the victim expressed the intent of the investigative agency to punish the Defendant.

B. However, in full view of the following circumstances: (a) the amount of defraudation of this case is not relatively larger than five million won; (b) the relationship between fraud for which the judgment of the lower court was made final and the concurrent crimes after Article 37 of the Criminal Act, and the relationship between the crime and the concurrent crimes after Article 37 of the Criminal Act ought to be taken into account; and (c) other circumstances that form the conditions for sentencing specified in the pleadings of this case, such as the Defendant’s age, background of the crime

(c)

Therefore, the prosecutor's above assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.