The prosecutor's appeal is dismissed.

1. The lower court’s sentence (ten months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. Circumstances unfavorable to the defendant are as follows.

The amount acquired by the defendant reaches 47,50,000 won.

Circumstances favorable to the defendant shall be as follows:

The defendant confessions the crime of this case and repents.

The degree of deceiving the accused is weak.

The defendant continues to pay the amount of damage to the court below and to the trial court.

The defendant is sentenced to a suspended sentence of imprisonment for a long time due to a crime of opening gambling in 2007, and there is no record of criminal punishment except for a crime of violation of the Labor Standards Act in 2010.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant case’s records and the previous theories, the lower court’s sentence, which sentenced the Defendant to a suspended sentence of imprisonment, cannot be deemed unfair as it is too unfortunate.

The 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.