The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings a victim of pro-Japanese appearance without the intention or ability to give employment and defrauds money from the victim under the pretext of soliciting employment, and the nature of the crime is bad in light of the relationship between the defendant and the victim, etc., the damage amount from the crime of this case is up to 36,90,000 won, the damage amount from the crime of this case is up to 36,90,000 won, and all of the money acquired through the crime of this case was scambling out with gambling fund, and

However, the fact that the defendant recognized the crime of this case, paid approximately KRW 18,00,000 to the victim after the crime of this case, and the above defendant did not have any record of punishment for the same crime, and the fact that there was no other criminal record than three times of fine due to the violation of the Road Traffic Act, etc. are favorable to the above defendant.

In full view of the above favorable circumstances and conditions of sentencing, such as the defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime was committed, equity with similar cases, etc., the prosecutor’s assertion is without merit, and thus is deemed unfair.

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.