2. The judgment defendant has been punished several times for the same crime. In particular, on August 13, 2008, the Gwangju District Court sentenced ten months of imprisonment with prison labor for fraud and committed the instant crime even though he/she had committed repeated crimes after the execution of the sentence was completed on February 17, 2009.

However, in full view of the following factors: (a) the Defendant recognized his mistake and runs in depth; (b) the Defendant returned the instant land to H during the trial of the lower court; and (c) returned the loan certificate from H and agreed smoothly with the victim; (c) there is little practical benefit that the Defendant acquired by the instant crime; and (d) the Defendant’s age, health, family environment, motive and circumstance leading to the instant crime; and (c) all the sentencing conditions prescribed in Article 51 of the Criminal Act, including the Defendant’s age, health, home environment, motive and circumstance leading to the instant crime, etc., the Defendant’s punishment

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.