The prosecutor's appeal is dismissed.

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

2. The lower court sentenced a fine of KRW 8 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions of the sentencing in this court, in particular, the sentencing of the court below exceeded the reasonable bounds of its discretion, in light of the following: (a) the defendant has already been punished several times for the same kind of crime and committed the instant crime during the period of suspension of execution; (b) however, the criminal intent of defraudation is relatively weak and the victim's complaint and penalty is difficult to punish the defendant in light of the victim's circumstances

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime, the Defendant’s age, sex, environment, etc. are considered after the instant crime, the sentence of the lower court is deemed to be adequate and too unjustifiable and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.