The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The fact that the total amount of the judgment by fraud exceeds 150 million won, that the substantial part of the amount of the fraud is not returned, and that the victim is the punishment of the defendant is disadvantageous.

However, the fact that the criminal intent of defraudation does not reach a conclusive degree, there is no criminal record of property crime, and there is no criminal record exceeding the fine, etc. are favorable circumstances.

In addition, the scope of recommendations on the sentencing guidelines (10 to 2.6 months) [the scope of recommendations] in general fraud [the scope of recommendations] shall be limited to the mitigated area (10 million won or more, and less than 50 million won), [10 to 20 months] [the special mitigation operator]], the extent of deception is weak, or the extent of deception is weak, or the main reason for the negative conclusion is whether the execution is suspended or not (the decision of suspended execution is made by comparing and evaluating comprehensively the reasons for suspended execution): Unagreement, the main reason for affirmative participation: In the case of intentional deception, or the degree of deception is weak: there is no effort to recover damage; there is no positive reason for general participation: There is no criminal record above the suspended execution; the motive and circumstance of the crime; the circumstances after the crime; the defendant's age, character and behavior, environment, etc.; and all the sentencing conditions shown in the arguments, it cannot be deemed that the sentence of the court below is too unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.