The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unhued and unreasonable.

2. The instant crime was committed in fraud, etc. even though the Defendant did not have any intent or ability to pay the price, and the Defendant had already been punished 18 times (in the event of a fine, eight times a suspended sentence of imprisonment, one time a suspended sentence of imprisonment, nine times a prison term), or nine times a punishment. In particular, on November 21, 2012, the Seoul Central District Court sentenced the Defendant to one year for habitual fraud on October 10, 2013 and completed the execution of the instant punishment and committed the instant crime during the period of repeated offense, and the damage from the instant crime was not recovered, etc., that is disadvantageous to the Defendant.

However, in light of all the circumstances, including the Defendant’s age, character and conduct, occupation and environment, family relationship, the circumstances after the crime, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is too unjustifiable, and thus, cannot be deemed unfair. Thus, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.