The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant committed the instant crime during the period of repeated crime of the same kind, and that the Defendant did not seriously reflect, such as the Defendant’s failure to impose an adequate apology on the victim, etc. In light of the fact that the Defendant committed the instant crime during the period of repeated crime of the same kind, the penalty (7 million won) imposed by the lower court is too uneasible and unfair.

2. The judgment of the Defendant fully repaid the victim’s damage, and the victim wanted to take the Defendant’s wife in the trial.

As for the instant crime, the punishment should be determined in consideration of the equity between the cases where the judgment is to be rendered at the same time pursuant to the first sentence of Article 39(1) of the Criminal Act, in the relationship between the crime of fraud and the latter part of Article 37 of the Criminal Act, which

In addition, considering the various circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s punishment is too unhued so far as it exceeded the reasonable scope of discretion, even in light of various circumstances asserted by the prosecutor on the grounds of appeal, such as the Defendant’s age, sex, environment, motive, means, and consequence, etc. of the instant case, including favorable or unfavorable circumstances to the Defendant.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Article 364(4) of the Criminal Procedure Act. However, since the court below states in both the column of “criminal facts” that the Defendant committed the instant crime within the period of repeated offense, it is obvious that the “application of statutes” column of “the application of aggravated provisions for repeated offense is omitted by mistake.”

Therefore, according to Article 25(1) of the Rules on Criminal Procedure, “Article 35 of the Criminal Act” is added to the “application column of the law” of the judgment of the court below, and is corrected.