The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence of the lower court (three million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the instant fraud crime appears to be a planned crime, that there is no trace that the Defendant made an effort to recover damage, and that there is no agreement with the victim, it is also necessary to think that it is not necessary to punish the Defendant with heavy punishment.

However, in the above case where the amount of fraud in this case is not a large amount, the defendant did not have any criminal record other than a one-time criminal record, and the amount of damage, such as separate fraud, which has been convicted of the defendant, is equivalent to 28,5540,000 won, one year and six months have been sentenced to imprisonment.

In addition, the crime of fraud of this case is a concurrent crime relationship under the latter part of Article 37 of the Criminal Act and at the same time considered equity with the case where the judgment was rendered, and there are other factors to consider the defendant's wrong behaviors. In light of the circumstances leading to the crime of this case, the court below's sentence against the defendant, including the defendant's age, character and conduct, method of crime, and circumstances after the crime, is not deemed unreasonable.

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.