The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unreasonable.

2. The crime of this case in light of the circumstances unfavorable to the defendant, the fact that the defendant acquired approximately KRW 41 million in the cost of food materials, and most of the damage has not been recovered, etc., when operating a cover sheet, the crime of this case shows that the defendant did not repay the cost of food materials supplied due to business difficulties, and the degree of deception is difficult to be seen as active; the defendant's age, sexual behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the result of the application of sentencing guidelines at the Supreme Court sentencing committee, etc., it is not recognized that the punishment imposed by the court below is too uneasible and unfair.

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.