The prosecutor's appeal is dismissed.

1. In light of the prosecutor's gist of the grounds for appeal that the defendant did not oppose the crime while denying the crime, and that the amount of fraud was 50 million won but the damage reimbursement was not made, it is unfair that the sentence imposed by the court below (limited to eight months of imprisonment, two years of suspended execution, two years of community service order, and 160 hours of community service order) is too low.

2. The judgment is based on the following: (a) although the Defendant did not agree with the victim and was unable to repay the remainder of the damage amount in addition to KRW 2 million paid in the trial; (b) the criminal power is only 4 times of a fine, and there is no same criminal records; (c) the Defendant was trying to operate the restaurant of this case with the victim at the time of the instant crime; and (d) it seems that the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

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