The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The punishment that the court below rendered unfair sentencing (five million won in penalty) is too uneasy and unfair.

2. The instant crime is deemed to have been committed on November 29, 2016, without being aware of the fact that the instant crime was committed on the basis of the crime of Bosing fraud, and there is a significant need for strict punishment. The victims of Bosing fraud have actually occurred due to the instant crime, and the amount of damage therefrom reaches about KRW 15 million, and the Defendant was sentenced to a suspended sentence of imprisonment on December 7, 2016 due to a crime of violating the Traffic Act on November 29, 2016, and without being aware of the final judgment, the instant crime was committed on December 7, 2016, and was committed only seven months after the final judgment became final and conclusive. Upon the occurrence of the instant crime, the Defendant was aware of the occurrence of the instant crime, which led his wife to make a false statement, including the criminal records of the Defendant already committed six times the same criminal records, and it is difficult to say that the Defendant could be involved in the criminal act of Bosing.

However, since there are some favorable circumstances for the defendant, such as the fact that the defendant recognized the crime of this case, the defendant has no record of having been sentenced to punishment for the past, and the fact that the defendant seems to have no actual profit from the crime of this case, the court below's punishment shall be maintained only once. However, if the defendant repeats the same crime in the future, the defendant must be given a warning clearly that there is no room for preference.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.