The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Considering the fact that the amount of damage caused by the instant crime is reasonable, in light of the fact that the Defendant did not pay damage to the victim and that the Defendant had the same criminal history as the Defendant, the sentence imposed by the lower court (two months of imprisonment, two years of suspended execution, two years of community service, and one hundred and twenty hours of imprisonment) is too unreasonable.

Judgment

In light of the fact that the defraudation amount by the crime of this case exceeds 50 million won, but it is not agreed with the victim until the trial is held, the defendant should be punished strictly. However, on September 1, 2009, the defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court due to occupational embezzlement, etc. on the part of September 1, 2009, in addition to the fact that there is no specific record of the crime, the defendant was in an internal relationship with the victim, the defendant was in an internal relationship with the victim, and all of the sentencing conditions specified in the records and arguments of this case including the circumstances of the crime of this case, means, and circumstances after the crime, etc., the court below's punishment against the defendant is too uneasy and unreasonable. Thus, the prosecutor's assertion of unfair sentencing is without merit.

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