The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that of the lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of social service) is unreasonable;

2. In the past, the Defendant had been punished by deceiving the victim by inducing the victim to take advantage of the mobile phone number, approval number, etc., and allowing him to settle down small amounts of money, as the instant crime was committed several times in the past. The Defendant committed the instant crime on April 7, 2013, even though he was notified of a summary order of KRW 1 million due to the same crime on December 3, 2012, and the Defendant did not have any agreement with the victim, and recovered the damage caused by the instant crime.

Although there is no fact that the Defendant made a substantial effort for recovery or there is no circumstances that the Defendant continued to be absent from the first trial date to the sentencing date, the circumstances after committing the instant crime are not good. However, considering all of the circumstances favorable to the Defendant, such as the fact that the Defendant fully acknowledges the instant crime, and the damage caused by the instant crime is relatively minor, it is difficult to view the lower court’s punishment as being too unjustifiable and unreasonable, comprehensively taking account of all the following factors: the Defendant’s age, character and behavior, and environment, and all of the sentencing conditions in the instant case’s records

Therefore, prosecutor's assertion is without merit.

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