The prosecutor's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (the sentence of two years of suspended execution of imprisonment for eight months, one hundred and twenty hours of community service) is too unfasible and unfair.

2. The judgment below seems to have determined punishment by taking account of the following circumstances: although the amount of damage in this case is not a large amount, it is a crime committed with dolusent intent while the defendant continuously engaged in monetary transactions with the victim in order to overcome damage sustained by the defendant, and the defendant paid approximately KRW 73 million to the victim, and it appears that the defendant would have failed to repay due to the closure of business due to the business of the restaurant operated by the victim, and the defendant is in depth divided and has a family member supporting the defendant.

When comprehensively taking into account the motive, background, result, the circumstances after the crime, the defendant's age, sexual conduct, records of punishment, etc. in the trial of the political party, as well as the matters on which the sentencing conditions have been attached, statutory penalty, sentencing guidelines, etc., the judgment of the court below exceeded the reasonable bounds of discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, the prosecutor's ground of appeal cannot be accepted.

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 appeal is without merit. It is so decided as per Disposition.