The prosecutor's appeal is dismissed.

The judgment below

The part of the compensation order shall be revoked.

The decision of the court below is the applicant for compensation.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment and two years of suspended sentence) is too uneased and unfair.

2. The fact that the amount of deception obtained is not much than KRW 17.5 million, and that there was a record of punishment twice for the same crime of fraud (it has been sentenced to suspended execution in around 2006) is disadvantageous to the defendant.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and the fact that the defendant had committed the crime of this case, the defendant had reached an agreement with the victim, and the support of his wife and children, and the circumstances that are conditions for the sentencing of this case, such as the defendant's age, sex behavior, environment, background and method of the crime, circumstance after the crime, and criminal record relation, the sentence imposed by the court below cannot be deemed to be unfair because it is too unreasonable and too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The application for compensation order filed by the applicant for compensation in the court below constitutes a case where the scope of liability for compensation is unclear, and thus, Articles 33 (4), 25 (3) 3, and 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings has been revoked, and the part of the court below's order for compensation against the applicant for compensation is revoked, and the applicant for compensation is dismissed. It is so decided as per Disposition by the court below.