The prosecutor's appeal is dismissed.

1. The lower court’s sentence (one year of imprisonment) against the Defendant on the gist of the prosecutor’s appeal is too unfasible and unreasonable.

2. The crime of this case, based on the judgment, is deemed to have been committed by deceiving 9 victims by deceiving 15 million won even though the defendant did not have the intent or ability to repay the money even after borrowing the money. In light of the content of the crime and the amount of the fraud, the criminal liability is grave, and the defendant did not agree with the victims, and the circumstances unfavorable to the defendant are recognized.

However, it seems that the defendant committed the crime of this case with the intention of domination, such as the confession of the crime of this case and payment of interest for a considerable period of time, etc. The defendant seems to have committed the crime of this case with no history of criminal punishment until now, the social relation of the defendant seems to be relatively clear, such as the defendant's primary offender who has no record of criminal punishment, the defendant's old parents wanting the defendant's wife, etc. In our criminal litigation law, which takes the court-oriented principle and direct principle, where there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial and the first trial does not change in the conditions of sentencing, and the first trial sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances unfavorable to the defendant prior to the judgment of the court below, and it does not seem to be too unfair, considering the circumstances surrounding the defendant's oral argument of this case.

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.