2. In light of the substance, method, degree of damage, etc., the crime of fraud of this case committed by the Defendant is deemed disadvantageous to the Defendant, such as that the nature of the crime is not weak in light of the content, method, and degree of damage, and that the victim’s agreement or complete recovery from damage has not been made up

However, the court below stated that the defendant led to confession of the crime of this case and made a statement that he will repent of his mistake in depth, that the defendant paid 400 million won out of the total amount of 100 million won prior to the prosecution of this case, that there are some circumstances to consider the circumstances of the crime of this case, that there are dependents, that there are no criminal records and no criminal records beyond the fine, and that there are no criminal records beyond the same kind of criminal records, and that the court below determined the punishment within the range of the recommended sentence set by the sentencing guidelines in full consideration of various circumstances of the defendant, and there are no circumstances to deem that the judgment of the court below is remarkably unfair. In light of other various circumstances that are the conditions of the sentencing of this case, such as the defendant's age, character, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, health conditions, etc., the 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 on the ground that it is without merit. It is so decided as per Disposition.