The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (exemption from punishment) is too unfluent and unfair.

2. It is recognized that, in light of the form of the instant crime and the method of the commission of the instant crime, the liability for the instant crime is not less and less severe; the Defendant has the record of fines, suspension of execution, and punishment for a total sum of times; the Defendant has the record of being punished for the same type of crime; the amount of fraud exceeds the total of KRW 22 million; and the fact that the victim did not agree with the victim.

However, in light of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the sentence should be imposed in consideration of equity in cases where the instant crime is adjudicated simultaneously with the Defendant’s confession of the crime, and the Defendant’s punishment is too uneasible and unfair, given the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible.

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.