The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (two months of imprisonment, two years of suspended execution, and eight hours of community service) is deemed to be too uneasy and unfair.

The amount of damage caused by the crime of this case reaches 38 million won in total, and the damage was not completely recovered until 6 years have passed since the crime of this case, and there are circumstances unfavorable to the defendant.

However, the crime of this case does not seem to have been committed in the course of temporarily lending funds from the victim under the circumstance that the defendant has an outstanding amount of money to the customer, and it does not seem to have been a conclusive intention to commit fraud. The defendant deposited the victim at the original court by making the victim a deposit and additionally deposited 5 million won in the original court, and additionally deposited 1.5 million won in the original court, and there is no record of punishment and no record of crime exceeding fines. The court below ordered an additional community service for 80 hours, and considering all other circumstances that are the conditions for the sentencing of this case, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., the sentencing of the court below cannot be deemed to be unfair because the sentencing of the court below is too uneasible.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.