The prosecutor's appeal is dismissed.

1. The court below's punishment (one year of imprisonment with prison labor for four months and one year of suspended execution) against the defendant in light of the gist of the grounds for appeal is unreasonable.

2. The crime of this case by which the defendant deceivings the victim through A and defrauds the victim with 30 million won under the pretext of investment, and there is a need to punish the defendant strictly in light of the means, method, degree of damage, etc.

However, the defendant has no record of punishment for the same crime for the last ten years, and the prosecutor asserts that the defendant did not agree with the victim in the grounds of appeal. However, on May 14, 2013, the defendant and the victim expressed clearly their intent not to have the defendant punished. In full view of the defendant's age, character and conduct, occupation and family environment, circumstances of the crime and the result, various sentencing factors in this case, such as the defendant's age, character and behavior, occupation and home environment, circumstances after the crime, etc., the court below's punishment cannot be deemed to be too unjustifiable and unfair.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices. In accordance with Article 25 (1) of the Regulation on Criminal Procedure, "Article 347 (1) of the Criminal Act" is amended to "Article 347 (1), 34 (1), and 31 (1) of the Criminal Act."