The prosecutor's appeal is dismissed.

The defendant shall obtain 3040,000 won from AO who is an applicant for compensation through small payment.

1. The sentence imposed by the court below (one year and eight months of imprisonment) is too unhued and unreasonable.

2. The judgment on the grounds of appeal is not appropriate for committing the crime by deceiving the victims continuously and repeatedly against a number of victims with up to 30 persons by deceiving them for the purpose of borrowing money and small-sum settlement.

The amount of defraudation is not only a total of 170 million won, but also a total of 170 million won, which has not been supported by the damage recovery until the trial.

In order to raise the gambling funds of the Internet sports site, the crime of fraud of this case is committed, and it is not good to commit the crime, and there is a high possibility of criticism.

However, it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared to the first instance court and the first instance court’s sentencing does not exceed the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the following factors, comprehensively taking into account: (a) the Defendant’s environment, motive, means and consequence of the crime; and (b) the sentencing conditions, such as the Defendant’s environment, motive and consequence of the crime; and (c) the fact that there is no history of the same punishment; and (d) the circumstance that it appears that the Defendant would grow up without being given due care in a somewhat unstable growth environment and home environment; and (d) the lower court’s punishment would not be deemed unfair because it goes beyond the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

3. According to the facts stated in the judgment of the court below regarding the application for compensation at the trial, it is recognized that the defendant has inflicted damage of 3,40,000 won on AO, an applicant for compensation, due to the crime of small payment among this fraud.

4. Thus, the prosecutor's appeal is without merit.