The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Determination

A. The crime of this case is a case in which the defendant deceivings the victim and defrauds about about 40 million won, and the crime of this case is not easy in light of the content of deception, relationship with the victim, and the amount of fraud.

B. Meanwhile, there are extenuating circumstances, such as recognizing the fact that the Defendant received money from the victim, and considering the fact that the Defendant agreed with the victim about the repayment of damages and agreed to the withdrawal of the complaint and support the wife and two children who are the students.

In addition, considering the Defendant’s age, living environment, details and result of the crime, and all of the sentencing conditions indicated in the instant case, including circumstances after the crime, the sentence of the lower court is adequate.

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