The prosecutor's appeal is dismissed.

1. The sentence of the lower court (ten months of imprisonment and two years of suspended execution) to the point of the reasons for appeal is deemed to be too unhued and unfair.

2. The Defendant, in the same manner as the instant crime, is suspected to have acquired approximately KRW 140 million from the victim by deception (which seems to have not been prosecuted after the statute of limitations for the said part has expired). However, the instant facts charged was acquired by defrauding KRW 40,729,00, and thus, in determining sentencing, punishment should be basically determined on the premise of the instant facts charged.

The amount of the fraud of this case is not specified in KRW 40,729,00,00 among the amount of the fraud of this case, the remaining amount is deposited in KRW 10,00,000 among the amount of the fraud of this case, and the remaining amount is not recovered from damage, and the defendant has three previous criminal records, and the criminal records are one time and one of the suspended execution criminal records. However, in the case of the defendant at the trial, it appears to be against the defendant's recognition of the crime of this case. The crime of this case is in the concurrent relation between the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Mediation Materials) which became final and conclusive in the judgment of the court below and the latter part of Article 37 of the Criminal Act, and it cannot be deemed that the defendant's sentence of the court below against the defendant is too unjustifiable in light of all the sentencing conditions in the records of this case, such as the defendant's age

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