The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal does not peep the attitude of reflectivity such as denying the facts of crime at the lower court, and considering the fact that the above victim was punished against the Defendant as it did not recover the damage even though the victim acquired a large amount of cost of KRW 40 million from the victim C, the above victim did not recover the damage. In so doing, the lower court’s punishment (two months of imprisonment, one year of suspended execution, one year of community service order, and 40 hours of probation) is too unreasonable.

2. We examine the judgment, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors: (a) the Defendant, who did not have any criminal power, agreed with the victim V only to the first offender with no criminal power, thereby having not been punished by the said victim; and (b) the considerable part of the damage appears to have been recovered, the sentencing of the court below is too unfeasible and so it does not seem to have exceeded the reasonable scope of discretion.

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