The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. The judgment of the Defendant received the lease deposit without notifying the victim of the matters expected to know that the building owned by the Defendant may be sold at a high price, and the victim appears to have completely failed to recover the lease deposit in the auction procedure on the building. The victim is likely to suffer from the suffering of the victim. The amount obtained by the Defendant through the crime of this case exceeds 60 million won, and the Defendant did not agree with the victim, and most of the damage was not recovered.

However, there are extenuating circumstances such as the defendant's mistake and there is no criminal history other than three times of a fine, the defendant's intentional deception on the victim's money, the defendant deposited 220,000 won for the victim, and the defendant appears to be unable to pay additional damage because he did not own any property, except the real estate sold at the auction procedure, etc. In addition, all the sentencing conditions such as defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the range of recommended sentence according to the sentencing guidelines of the Supreme Court's sentencing committee for the crime of this case is between 6 and 6 months, the range of punishment according to the sentencing guidelines of the crime of this case is less than 10,00 won, the crime group of fraud, the general fraud type 1 (100,000,000,000 won, or the degree of deception was weak, etc., the decision on the recommended area (the basic violation area), the amount of punishment (1 to June 6, 2006).