The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence in four months of imprisonment) is too unhutiled and unfair.

2. The Defendant and B obtained the above loan by deceiving the victim C by compensating the victim C for a part of the amount of the loan, which is given a loan under the name of the victim. The nature of the crime is not good, and the degree of assault is not less than that of the crime, the Defendant denied and did not reflect the crime of fraud, and the fact that the Defendant did not receive a letter from the victims is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no record of crime other than one-time prior to a fine, that the B was the lead of the crime of fraud, and that the intention of the fraud of the defendant seems to be incomplete is the circumstances favorable to the defendant.

In full view of the above normal relationship and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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