The appeal by the prosecutor is dismissed.

The summary of the grounds for appeal (unfair form of punishment) of the court below (one year and two months of imprisonment) is deemed to be too unfied and unfair.

Judgment

Although the amount of damage caused by the crime of this case is considerable in size, the victims who want to be punished for a severe punishment against the defendant, and the fact that there was a history of punishment for the same kind of crime is disadvantageous to the defendant.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; and (b) the Defendant was punished once after 200 by a fine since 200, and there is no other criminal history.

The scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 1 year to 4 years by imprisonment, the 2nd category of the general fraud crime (at least 100 million won, less than 500 million won), the special person, the recommended area, the scope of the recommended sentence (basic area), and all other sentencing conditions, such as Defendant’s age, character and conduct, environment, the background of the instant crime, the circumstances before and after the instant crime, etc., in full view of the following: (a) from 1 year to 4 years by imprisonment, the sentence of the court below is not deemed unfair.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.