The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there exists a unique area of the first deliberation about sentencing, and in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it even the appellate court (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant has the history of having been punished several times for the same kind of crime, and committed the instant crime during the period of repeated crime due to the same crime.

However, there are circumstances that the crime of this case is a crime of fraud for which the judgment of the court below has become final and the crime of this case is one of the concurrent crimes after Article 37 of the Criminal Act, and the punishment should be determined in consideration of equity and

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair as it goes beyond the reasonable scope of discretion.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.