The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant, even though he paid only KRW 22.5 million to the victim the amount of damage KRW 76 million, the lower court erred by misapprehending the facts constituting the basis for sentencing that he paid KRW 46 million to the victim. Accordingly, the lower court’s sentencing (two years of suspended sentence in October) calculated accordingly, is too unreasonable.

2. According to the evidence duly adopted and examined by the court below, ① the Defendant was liable for damages related to the instant crime by deceiving KRW 76 million from the victim, and KRW 9.5 million around the end of May 201, and KRW 10 million around the end of July 29, 201, respectively, remitted to the victim, and around September 29, 201, KRW 35 million before the payment of KRW 25 million on G in Seoul Special Metropolitan City, Gwangjin-gu, and delivered to the victim a 148 pages of the investigation record). ② After the termination of the pre-paid contract, the Defendant could have the victim receive KRW 10,000,000 from H on the 20th day of January 4, 2012, KRW 200,000,000,000,000,000,000 won (the above 200,000 won, 300,000 won, 200 won,000 won,0 won.