2. In light of the records, the court below's sentencing is not too unfair in light of the following: although the case is a case in which the defendant deceivings his status and defrauds him the removal construction right of KRW 60 million, the victim's punishment is not to be imposed against the defendant; the defendant was able to be tried together with the crime of fraud (one and half years of imprisonment) as stated in the judgment of the court below (one year and six months of imprisonment), and all other circumstances such as the defendant's age, character and behavior, family environment, criminal record relation, etc.

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 for the above reasons.