2. In full view of the following factors: (a) the amount of damage to the instant crime is not much significant; (b) the Defendant was punished for the same criminal record of fraud; (c) the Defendant’s confessions the instant crime against the Defendant; (d) the Defendant appears not to have committed the instant crime with a conclusive intent; (c) the Defendant partially repaid the amount to the Defendant; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (e) the Defendant’s punishment against the Defendant cannot be deemed unfair because the Defendant’s punishment is unscheduled, and thus, the Prosecutor’

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 appeal is without merit. It is so decided as per Disposition.