The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution) declared by the court below is deemed to be too unfortunate and unfair.

2. In the crime of this case, if the defendant borrowed money under the name of the victim's studio deposit or obtained credit rating of the victim by using a card in the name of the victim with the victim's studio under the pretext that the defendant did not have the intent or ability to repay the borrowed money or loan, the crime of this case was threatened with the victim, such as assaulting the victim to "I will be killed" and threatening the victim to "I will be killed" during the dispute with the victim, in light of the circumstances of the crime, methods, patterns, scale of damage, etc., the crime was poor in light of the fact that the crime was not agreed with the victim until the trial, the fact that the victim was not fined until the trial, the fact that the victim was punished three times due to the crime of this case, and that the crime of this case was committed again despite the fact that there was a force of punishment for the crime of this case, such as injury to the victim, etc.

However, in light of the circumstances where the defendant recognizes his mistake as a substitute and reflects on the defendant's property status at the time of the crime of fraud in this case, the victim appears to have committed an act of living together with the defendant to some extent, and the victim filed a civil lawsuit claiming the return of the loan in this case against the defendant, but did not accept the mediation of the contents of the waiver of his claim, it is difficult to deem that there was a conclusive perception on the crime of defraudation by the defendant, the victim made efforts to recover damage, such as deposit of the 10 million won for the victim, and there was no record of punishment for the same crime of fraud, and others favorable to the defendant and others, such as the defendant's age, character, family environment, motive and background of the crime.