2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant, while having no particular financial resources, obtained money from the victim by taking advantage of the security value of the real estate under his name while in excess of the security value of the real estate. The crime of this case is not less than the nature of the crime. The Defendant had a record of punishment for imprisonment with prison labor and suspension of execution of imprisonment with prison labor due to the same crime. The Defendant was under repeated crime at the time

However, considering the fact that the defendant is against his mistake, that the defendant paid the amount of damage to the victim at the court below, that the victim does not want the punishment of the defendant, and that all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, family environment, motive, background, means, methods, and results leading to the crime of this case, the circumstances before and after the crime, etc., the court below's punishment is too unjustifiable and thus it cannot be deemed unfair. Thus, prosecutor

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.