All appeals by prosecutors are dismissed.

In light of the fact that the victim acquired a large amount of money from the victim and did not repay the damage for a long time. Considering the background and method of the crime of this case, motive for the crime of this case, etc., the circumstances that the crime of this case reflects the nature of the crime: The crime of this case is established by being sentenced in 1 year and 6 months at the Central District Court in Seoul in 2016, and the facts that it is necessary to consider equity with the case where the victim is judged at the same time in the concurrent relationship after Article 37 of the Criminal Act with the first head of the crime for which the judgment became final and conclusive. In addition, considering all other circumstances that are the sentencing conditions specified in the argument of this case, including the defendant's age, sex, career, home environment, motive and means of the crime, etc., the summary of the defendant's and prosecutor's argument on the sentencing of the crime of this case, ① The defendant has a concurrent relation with the same crime that the defendant has been punished since 2009, and ② the defendant's family members were delivered to the victim and his family members of this case.

Considering the fact that the Defendant was punished four times only for fraud, including a previous conviction and a single punishment, ② the Defendant was led to confession in the court of the court below, but the Defendant denied the crime at the investigation stage, ③ the amount of damage was 136 million won, which is a large amount of damage and the failure to recover from damage, the sentence of the court below is too exceptionally.

Whether the sentencing of the court below is unfair or not.