The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of Bosing fraud, such as the instant case, is very likely to be committed against many and unspecified persons in a planned and systematic manner, booming many victims, and affecting society.

The Defendant received money in proportion to the size of the amount of damage in return for the instant crime (i.e., KRW 1.56 million (i.e., KRW 9 million for the commission of fraud on February 18, 2019, KRW 2.60 million for the commission of larceny on February 14, 2019; KRW 300,000 for the commission of larceny on February 15, 2019); and (ii) the number No. 12 of the evidence list No. 9 for the commission of larceny on February 12, 201. It is difficult to view that the Defendant merely participated in the instant Bophishing crime at a level that he/she takes part in it.

However, the defendant is the first offender.

During the short life of the defendant, the defendant repents his mistake and reflects his fault.

In addition, the Defendant paid full amount of damages to the victims of the instant fraud and theft, and the victims expressed their intention not to punish the Defendant.

In addition, taking into account all the factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the offense, and circumstances after the offense, the sentencing of the lower court is too unfasible and it does not seem to have exceeded the reasonable scope of discretion.

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.