The prosecutor's appeal is dismissed.

1. The reasoning of the appeal is that the sentence of the lower court (six months of imprisonment and two years of suspended execution) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances alleged by the prosecutor on the grounds of appeal (such as the acquisition of 50 million won by fraud, the poor quality of the crime, and the victim's failure to agree with the victim using personal trust relationship with the victim) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances in which the sentence of the court below may be aggravated in one trial.

In light of the fact that there is no criminal record in excess of the same power or fine for the defendant, and that it seems that the damage amount would have been remarkably recovered by paying the victim the monetary amount of KRW 4 million up to the judgment of the court (the obligation of the defendant to the victim is equivalent to KRW 52 million incurred in around 2000 through around 2003, in addition to the obligation of the money obtained through deception of this case). The defendant is deemed to have already been aware that the statute of limitations for the existing obligation has expired, and that part of the above repayment was made in the name of interest, etc. after borrowing the money of this case from the victim for the money acquired through deception of this case.

In addition, the Defendant’s efforts to recover from damage during the trial process are not relatively good due to unstable disorders, etc., and the Defendant is receiving medical treatment at a hospital due to the mother of the Defendant and the heart of the Defendant, etc., and the Defendant is the most supported by his wife and children.