2. In light of the fact that the defendant did not neglect to inflict economic damage on the victim due to his inception, but did not cause sound to the victim demanding the payment of the food value, or obstructed the victim's restaurant business by neglecting the victim's restaurant business by drinking alcohol, etc., it is recognized that the crime of this case is considerably poor.

However, in full view of the following factors: (a) the Defendant fully recognized the commission of the crime; (b) the amount of damage caused by the crime of fraud is relatively minor; (c) the injured party is not subject to the Defendant’s punishment by agreement with the injured party; and (d) other factors of sentencing as indicated in the records of this case, such as the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unfair; and (d) 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.