The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the court below (five million won of a fine) is too unfilled.

2. Determination of whether the Defendant was punished for the same kind of crime as stated in the first head of the crime at the time of original adjudication, and committed the instant crime during the period of repeated crime after the completion of the sentence on July 25, 2010, and the fact that the Defendant did not agree with the victim until now is recognized as an unfavorable circumstance to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the facts of the instant crime and against his mistake; (b) the amount of damage was relatively small; (c) the Defendant deposited KRW 3 million for the victim; and (d) the Defendant made efforts to recover damage; and (c) the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance of the instant crime; and (d) other circumstances that are conditions for the sentencing of the instant case, such as the circumstances after the commission of the instant crime, etc., the Defendant’s punishment imposed by the lower court is deemed to be inappropriate and too unreasonable, and thus, the Prosecutor’s assertion is

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.