The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (four months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. There is no change in the sentencing conditions compared with the original judgment because there is no particular new sentencing data in the judgment party, and considering all of the reasons for sentencing (in particular, the confession of the defendant and the mistake is divided in depth) recorded in the records of this case, the amount of defraudation of this case is a relatively small amount, the relationship with the defendant and the victim, and the balance with the special injury crime in the judgment that became final and conclusive, etc.), the sentencing of the lower court is too unfeasible and it cannot be deemed that it exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.