The prosecutor's appeal is dismissed.

1. The lower court’s sentence (4,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable as it is too unfasible.

2. The crime of this case, based on the judgment, by deceiving the victim who was close to the defendant, thereby deceiving the victim with an amount of money equivalent to KRW 23 million, is recognized as disadvantageous to the defendant, such as the fact that there is a heavy criminal liability in light of the background, frequency and method of the crime, and the amount of fraud, and that there are two times the criminal records of the same kind of crime.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, that the defendant does not want punishment against the defendant, that the defendant paid 21 million won to the victim, that most of the damage was recovered by paying 21 million won to the victim, that our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has its own territory of the first deliberation as to the determination of sentencing, and that there is no change in the conditions of sentencing compared with the first instance judgment, and that the first deliberation sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not fall under a special change of situation that could change the sentence of the court below after the sentence of the court below was sentenced, and considering all other circumstances, such as the defendant's age, sex, environment, etc., the sentence against the defendant cannot be too unreasonable, considering that the court below's punishment against the defendant is too unfair.

3. In 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.