The prosecutor's appeal is dismissed.

1. The sentence of the lower court (two months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of community service order) is deemed to be too unhued and unreasonable.

2. Although there is a unfavorable condition in which damage to the victim I was not considerably recovered, it is difficult to view that the court below's sentence against the defendant is too unreasonable in light of all the sentencing conditions stated in the records of this case, such as the defendant's age, character, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., in light of the following: (a) the defendant appeared to be against the crime of this case when he was in a trial; (b) the agreement with the victim C is reached; (c) some money is deposited for the victim I; and (d) the crime of this case is in a concurrent relationship with the crime of fraud for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act; and (c) the total amount of the defraudation of this case is less than 34.7 million won.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.