The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal and the sentencing (in the case of original trial, eight months of imprisonment, two years of suspended execution, and 120 hours of community service);

2. Determination of the crime of this case does not include the amount obtained by defraudation as KRW 35 million, but for which a long time has passed without recovering from damage, the contents of conditional agreements made between the defendant and the victim have not been fully implemented until now, and the victim wanting to punish the defendant, etc. is disadvantageous to the defendant.

However, it is not determined that the sentence of the court below is unfair because it is too unreasonable in light of the overall circumstances, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., that are the conditions of the sentencing of this case, such as the fact that the defendant recognized all of the crimes of this case when the defendant was in the trial, and reflects the mistake, that the defendant paid 3 million won to the victim additionally in the trial, and that considerable part (29 million won) out of the acquired amount of this case was returned to the defendant by paying 3 million won to the victim, and that the defendant seems to have endeavored to recover from damage.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. 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.