The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a prison term of eight months, a suspended execution of two years, and a community service order of 80 hours) imposed by the court below is too uneasible and unreasonable.

2. The crime of this case, even though the defendant did not have an intention or ability to complete the registration of ownership transfer, was concluded with the victim and acquired 55 million won, which is the amount equivalent to the purchase price, and acquired by deception, and the amount of damage was not substantial, but the damage was not completely recovered since the victim did not agree with. At the time of this case, the defendant was punished three times as a crime of fraud (one suspended sentence, one time a fine, and two times a fine), and the defendant appears to have been punished against many victims of real estate fraud in a similar way.

However, the defendant recognized the crime of this case and reflects his mistake in depth. On November 19, 2010, the defendant was sentenced to three years of imprisonment for fraud, etc. at the Ulsan District Court sentenced on April 8, 201. On May 27, 2011, the above court was sentenced to four months of imprisonment for fraud, and the judgment became final and conclusive on June 2, 2011. The crime of this case is in the relation between each of the above crimes of fraud, etc. for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and thus, it is necessary to determine punishment in consideration of equity in the case of the judgment. The defendant was working at restaurant and pent cleaning, etc. after the execution of the punishment of each of the above final judgment became final and conclusive, and the defendant made efforts to recover damage; the victim was deposited at the court for the victim; the circumstances of the defendant's previous offense, the circumstances, the motive and circumstances of the crime of this case, and all the motive and circumstances of the crime;