The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The amount of fraud of the instant case was either 53 million won or 53 million won and the victim did not reach an agreement with the victim.

However, the defendant has been punished five times by a fine due to the crime of this kind until now, and there is no new change in circumstances that can change the sentence of the court below in the trial.

When comprehensively considering the sentencing conditions, such as the Defendant’s age, motive, means and consequence of the crime, and the circumstances after the crime (in the investigation agency and the lower court’s intentional refusal to attend), the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion, or to be unfair due to excessive unfluening.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.