The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (for four months of imprisonment and one year of suspended execution) shall be too unhued and unfair.

2. The fact that the amount acquired by the Defendant from four victims, including D exceeds KRW 20 million, and that the victims’ damages have not yet been recovered by the time is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, and family relationship, it is difficult to view that the sentencing of the lower court is too unaffort and unfair, in light of the following factors: (a) the Defendant was making repayment to the victims while against the instant crime; (b) the victims appears to have suspended the period of repayment to the Defendant until February 2018; and (c) the Defendant did not have any history of criminal punishment for the same kind of crime; and (d) the Defendant was under criminal punishment once for other crimes.

3. As such, 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 (see, e.g., Supreme Court Decision 200Da36442, Apr. 1, 200).