The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the accused had a record of criminal punishment over several times and, in particular, committed the instant fraud even though he/she had a record of the same kind of criminal punishment, the need for strict punishment against the accused is high.

However, there are some points to take account of the circumstances of the instant crime. The instant crime is in a concurrent relationship between the previous conviction on which the judgment of the court below became final and the latter part of Article 37 of the Criminal Act, and thus, the equity with the case to be judged concurrently with the above previous conviction is to be taken into account; partial performance of damage has been made to C who can be said to be the actual injured party; and other factors of sentencing as indicated in the instant argument, such as the Defendant’s age, health status, sex and environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is deemed to be excessive 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.