The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable in that the sentence of one year of suspended sentence is too unhued in five months of imprisonment imposed by the court below for the defendant.

2. Determination has not yet been yet agreed with the victim, and most of the damage has not been recovered up to the trial despite the name of the defrauded in the crime of this case, and it is recognized that the defendant had no intention or ability to supply beverages by normally Croquerel but the victim failed to pay the balance of KRW 20 million and failed to pay the balance of KRW 20 million, and that there is a question as to whether the defendant's mistake is against his own mistake.

However, in full view of all the circumstances such as the Defendant’s age, environment, family relationship, occupation, circumstance leading to the instant crime, circumstance after the crime, etc., the sentence of the lower court is too unjustifiable, and thus, cannot be deemed unfair, in view of the following: (a) the Defendant has suffered property damage; (b) the Defendant has previously been punished for the same kind of crime or has no record of being sentenced to a suspended sentence or heavier punishment; (c) the victim has filed a complaint against the Defendant after the lapse of a considerable period from the instant crime; and (d) there is a family member to provide support; and (e) there is economic difficulty; and (e) other circumstances that are conditions for sentencing as indicated in the record.

The prosecutor's assertion is without merit.

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