2. The crime of this case is not likely to be committed in that the defendant received money upon a request from the victim to deliver the agreed money in connection with the criminal case of the victim and used it for personal purposes.

However, in full view of the following facts: (a) the Defendant’s mistake in the instant crime is against the depth; (b) the amount of damage to the instant crime is not relatively large; (c) the instant crime is in a concurrent relationship between the final and conclusive judgment rendered in the lower judgment and the latter part of Article 37 of the Criminal Act; and (d) the equity with the case to be judged at the same time is to be considered; and and (e) all the sentencing conditions in the records and arguments, including the Defendant’s age, character,

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.