The prosecutor's appeal is dismissed.

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of the court below (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued

2. The judgment amounting to KRW 33 million, and the defendant is disadvantageous to the defendant that the defendant did not repay or deposit the damage to the victim in addition to the delivery of the goods as follows.

On the other hand, there was no deception in the early stage of the transaction at issue, but later a deception was made, and the defendant delivered the goods returned from the customer to the victim and partly recovered damage was restored, and the defendant did not have the same criminal record and did not have any criminal record exceeding the fine, in favor of the defendant.

In addition, the defendant's age, character and conduct, environment, background and result of the crime in this case, all of the sentencing conditions in this case, including the circumstances after the crime, and the result of the application of the sentencing guidelines of the Sentencing by the Sentencing by the Supreme Court [Determination of type] and the case where the defendant committed the act of deception with negligence or the degree of deception is weak (the scope of recommendation punishment): In full view of the defendant's age, character and conduct, environment, the circumstances after the crime in this case, etc., and the case where the defendant committed the act of deception with negligence or the degree of deception is weak (the scope of recommendation punishment): The prosecutor's above assertion is without merit.

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