The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant, such as that the crime of this case was committed by deceiving the victim and deceiving the victim in the name of the construction cost, and the nature of the crime is not less than that of the crime, that there was a record of being sentenced to a fine several times for the same crime even before the defendant, and that the victim wanting to punish the defendant.

On the other hand, the defendant has no record of criminal punishment exceeding a fine in addition to the suspended sentence due to the crime of bodily injury in 2005, the fact that the defendant recognized the crime of this case for the first time and reflects the mistake thereof, the defendant cannot be viewed to have received the construction cost with the intention to acquire money from the damaged person from the beginning, the victim's repayment of KRW 10 million, the defendant must support five children (four minor children) and one of them needs to be examined by the defendant due to depression, etc., and the defendant again will not repeat such mistakes.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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