The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended sentence) of the lower court’s sentence against the Defendant is deemed to be too uneasible and unfair.

2. The fact that the amount of the judgment by fraud (10 million won) is a large amount, that the defendant deceivings the victim by using trust relationship, and that the victim causes serious damage to the victim is disadvantageous to the defendant.

However, the fact that the defendant accepted the judgment of the court below and reflects his mistake, most of the damages were recovered, and that the victim does not want the punishment of the defendant (the trial record 108-117 pages) by agreement with the victim and the victim should consider equity with the case where the judgment is rendered simultaneously with the final judgment of the head of the first crime of the court below is favorable to the defendant.

In full view of the above circumstances and other circumstances, considering the motive leading to the instant crime, Defendant’s age, character and conduct, family relationship, environment, occupation, etc. as well as the conditions for sentencing as shown in the arguments and records, there is no change in circumstances to determine the original judgment and the punishment differently, the lower court’s sentence is too uneasible and unreasonable. Thus, the Prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.