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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.
2. In light of the fact that the defendant had been punished several times for the same kind of crime, it is necessary to sentence strict punishment against the defendant when considering the fact that the defendant committed the crime of this case, the amount of fraud, and the victim's intent to punish the defendant.
However, in full view of all the sentencing conditions indicated in the records and arguments of this case, including the fact that the defendant is aged, the fact that the defendant recognizes and reflects the crime, the fact that the victim has repaid three million won to the victim, the fact that the defendant has received a judgment at the same time as in the final judgment of the court below, and other factors such as character and conduct, environment, the scale of damage, and circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is too una
Therefore, 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.