The prosecutor's appeal is dismissed.

1. The lower court’s sentence (eight months of imprisonment and two years of suspended execution) against the Defendant on the gist of the prosecutor’s grounds of appeal is too unfasible.

2. In light of the following factors: (a) the nature and circumstances of the instant crime, the method of the instant crime, and the scale of damage; (b) the victim is seeking the punishment of the Defendant; and (c) the Defendant committed the instant crime, despite the fact that he was sentenced to a fine for fraud in around 2007, despite the fact that he was sentenced to a fine for fraud, is disadvantageous to the Defendant.

Meanwhile, in full view of the circumstances favorable to the defendant, such as the fact that the defendant has made efforts to recover damage, such as repayment of the amount of KRW 3 million in the first instance trial, and the defendant has committed a crime against his depth while committing a crime, and there has been no criminal records of the same kind or suspension of execution for the last 20 years other than the above criminal records, and other conditions of sentencing as shown in the argument of this case, such as the defendant's economic situation, age, sex, environment, and circumstances after the crime, the sentence of the court below seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it is too unreasonable.

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.