The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (three months of imprisonment) on the summary of the grounds of appeal is too unfased and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized the instant crime. The instant crime is in the concurrent relationship between the crime of fraud for which judgment has become final and the latter part of Article 37 of the Criminal Act, and the instant crime ought to take into account equity with the case where a judgment has been rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

In addition, the circumstances in which the prosecutor asserts that the sentencing was flexible are already considered in the sentencing process of the court below, and in full consideration of the conditions of sentencing, such as the Defendant’s age, sex, environment, background leading to the crime, and the amount of fraud, it cannot be deemed that the sentence imposed by the court below was exceeded the reasonable scope of discretion or is too unfeasible and unfair.

3. According to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, the first head of the lower judgment’s “criminal facts” in the first head of the “criminal facts” of the lower judgment was sentenced on June 21, 201 to four years for criminal fraud in Busan District Court’s Dong Branch Branch Branch, and the judgment became final and conclusive on November 27, 2017.

In addition, “1. Concurrent Treatment” and “Article 37 of the Criminal Act,” respectively, shall be corrected to add “Article 39(1) of the Criminal Act,” and “Article 39(1).”