The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant repeated the same type of crime despite the fact that he/she acquired money in the name of prepaid money and had been punished several times due to a unauthorized driving, and the instant fraud constitutes a same repeated offense.

However, in full view of the following facts: (a) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment, including the agreement with some victims of the crime of fraud; (b) the Defendant’s age, family relation, criminal record, amount of money obtained by deception and the degree of recovery thereof; and (c) the sentencing grounds revealed in the proceedings of the instant pleadings, including the circumstances after the crime, the lower court’s sentence is beyond the reasonable scope of discretion, or

3. Therefore, 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.

However, ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below stating that "any person who was sentenced to six months in prison for fraud at the Gwangju District Court on May 28, 2014" among the criminal records of the judgment below shall be sentenced to imprisonment with prison labor for two months and two months in prison for fraud in the net support of the Gwangju District Court on March 25, 2014, and is sentenced to imprisonment with prison labor for six months and two months in prison for the Gwangju District Court on May 28, 2014, shall be sentenced to imprisonment with prison labor for six months and

1. In addition, “(within the scope of the total of the long-term punishments of the above two crimes)” at the end of the end of the concurrent crimes, each correction shall be made.

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