2. The fact that the sum of the amount obtained by deception of this case is equivalent to KRW 161 million, which is a large amount of money, and that there is no full repayment of damage is a reason for sentencing unfavorable to the defendant.

However, in full view of the following: (a) the Defendant has no criminal history of the same kind; and (b) there is no criminal history other than fines of not less than 20 years but not less than two times; (c) the amount obtained by deception of this case is recovered in KRW 81 million; (d) the Defendant’s age, health status; (e) the motive and background of the crime; (e) the motive and background of the crime; (e) the means and consequence of the crime; and (e) the result of the application of the sentencing guidelines set by the Sentencing

Therefore, 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 as it is without merit. It is so decided as per Disposition.