2. The crime of this case is committed by deceiving a victim as if the defendant was to use it as the fund for the purchase of factory machinery, and the fact that the crime of this case is not good in light of the content and method of the crime, and that the amount of fraud is not much than 30 million won, which is disadvantageous to the defendant.

However, in full view of all the circumstances that are conditions for the sentencing of this case, including the defendant's age, sex, environment, background, method of the crime, circumstance after the crime, criminal record, family relation, etc., the sentence imposed by the court below cannot be deemed to be unfair since it is adequate and excessive so far as the defendant's sentence of this case is too unfair, in full view of the following circumstances: (a) the defendant has committed a crime in this case; (b) the defendant paid 13 million won to the victim in the court below; (c) the victim paid 2 million won additionally in the court below; and (d) the damage has been partially recovered by paying 2 million won for the same kind of crime; (d) the mother and her children have no record of punishment for the same kind of crime; and (e) the court below suspended the execution of imprisonment with prison labor in full consideration of the defendant's various circumstances.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.