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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (300,000 won in penalty) is too unhued and unreasonable.
2. In full view of all other factors such as the Defendant’s age, sex, occupation and environment, and circumstances leading to the instant crime, etc. including the fact that the Defendant had been punished for the same criminal fraud, the fact that the damage has not yet been recovered is less than the Defendant’s disadvantage, or the amount of damage caused by the instant crime is less than 32,000 won, and the Defendant’s mistake is recognized, etc., the lower court’s punishment is too uneasible and unfair.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
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.