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

The crime of this case is committed by deceiving the victim E and the J, and the responsibility for the crime was not less than 130 million won, and the damage recovery was not made up until now, and the victims did not agree with it, and the crime of this case was committed during the period of suspension of execution is disadvantageous to the defendant.

However, there are extenuating circumstances, such as the fact that the defendant led to the crime of this case and reflects his mistake in depth, that the defendant has no record of punishment for the same kind of crime, that there is no record of punishment sentenced, and that there is a family member to support the defendant.

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.