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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and community service) of the lower court is deemed to be too unhued and unfair;
2. The crime of forging or uttering a judgment official document, and acquiring money from a victim while committing such act as if he/she was an employee of the Financial Supervisory Service, and pretending the fact about the disposition of criminal proceeds resulting therefrom, is not easy.
However, in full view of all the circumstances indicated in the arguments and records of the instant case, including the fact that the amount of damage caused by fraud is only four million won, the amount of damage is repaid and the agreement was reached smoothly with the victim, the lower court appears to have been reasonably determined by fully considering the reasons for sentencing as alleged by the prosecutor, and there is no special circumstance to change ex post facto sentencing.
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.