2. In light of the various circumstances, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, etc., the sum of the amount of the fraud amount is not less than 20 million won, but also the sum of the amount of the fraud amount is not less than 20 million won. Meanwhile, the lower court’s punishment is too harsh in light of the following: (a) the Defendant recognizes the criminal facts; (b) the Defendant repaid the victim the amount of KRW 17 million to the victim; (c) the Defendant agreed with the victim; (d) the Defendant’s health would not be good; and (e) the Defendant does not have any history of punishment except for punishment once given ten years prior to the punishment by a fine; and (e) other various circumstances that serve as the conditions for sentencing as indicated in the records,

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