The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for six months, two years of probation, and three years of probation) declared by the court below is deemed to be too uneasible.

2. The crime of this case is deemed to have committed the crime of this case by deceiving the victim in a situation where the defendant had no financial ability to repay, such as having a large number of debts in bad credit holders at the time, and the punishment of unlawful punishment is not somewhat minor.

In addition, considering the fact that the amount of fraud is not much, even though considerable time has elapsed after the crime of this case was committed in 2007, the damage recovery has not been completed, and the defendant prepared a letter to the effect that he would pay the victim premium, etc. received by selling petroleum store to the victim in 2008, but did not pay 15 million won for the premium acquired after selling the petroleum retail store, it is necessary to strictly punish the defendant.

However, the defendant seems to have recognized the crime of this case and divided his mistake.

Furthermore, the defendant has no criminal history so far.

In addition, in full view of various circumstances such as the Defendant’s age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., the sentence determined by the lower court is too unafford and unreasonable, and it is not recognized that the sentence determined by the lower court is too unafford.

The prosecutor's ground of appeal cannot be accepted.

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