The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution of imprisonment with prison labor for six months) is too unhutiled and unfair.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable normal circumstances: (1) is divided into several parts.

② The first offender is the first offender.

(3) In agreement with the victim, the injured party does not want the punishment of the defendant.

D. (1) Unfavorable circumstances: (a) a person is well aware of the president of the university, and is committed as if he or she had a friendly relationship with the latter, and is likely to have the latter employed a female of the victim as a university lecturer through the latter, and there are many kinds of crimes such as taking money from a little amount of money through the latter through nine times to use the latter for living expenses or repayment of obligations.

Although there is no need to strictly punish the Defendant regarding the instant crime of fraud by a conclusive intentional act, there is no change in the special sentencing conditions compared to the original judgment in the trial, and considering all the conditions of sentencing, including the circumstances stated by the lower court, and the statutory punishment of fraud, sentencing guidelines, etc., the judgment of the lower court exceeded the reasonable bounds of discretion.

shall not be assessed.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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.