The prosecutor's appeal is dismissed.

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The fact that the defendant did not recover from the damage even though the amount of fraud and embezzlement is not much significant is disadvantageous to the defendant.

However, the following facts are the circumstances favorable to the Defendant: (a) the Defendant repented and reflected his mistake; (b) there is no record of punishment prior to the instant crime; and (c) there are circumstances that may be considered in relation to the details of the instant crime in question with the victim.

In addition, when comprehensively taking into account all the sentencing conditions in this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, and the equality in cases where the judgment is to be rendered simultaneously with each final judgment in the original judgment, the lower court's punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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.