The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (as to the first crime: 2 years of suspended sentence in six months of imprisonment, and as to the second crime in the holding: 5 million won of fine) that the court below made is too uneasible and unfair.

2. Although the crime of this case was committed under the circumstances that the defendant committed the crime of this case without being aware of it even though he was under the judgment of fraud under the Criminal Act (Tgu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2013No 543), the defendant committed the crime of this case 1 in the judgment of the court below (the defendant used the money acquired from the victim on August 28, 2013 as the agreed money for the crime of this case), while the crime of this case was committed during the period of probation, the defendant committed the crime of this case. However, considering the following circumstances: (a) while the crime of this case was committed under the judgment of the court below; (b) the defendant committed the crime of this case; (c) the victim committed the crime of this case through detention for more than 2 months; (d) a part of the acquired amount was returned to the victim; (c) the victim did not want punishment for the remaining amount; (d) the victim did not want punishment; (e) the motive and circumstances of the crime of this case; (e) the crime of this case.

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

Provided, That Article 25 (1) of the Regulations on Criminal Procedure shall apply.