The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unfilled and unreasonable.

2. The Defendant’s crime of this case was committed by deceiving approximately KRW 38 million from two victims on the part of false statements, such as that business funds are needed, and the victims’ damage was not recovered.

However, the instant crime is in the relationship between the crime of fraud for which judgment was rendered on August 19, 2015 and the crime of concurrent crimes under Article 37 of the Criminal Act, and the equity in the case of the said crime at the same time with the judgment on the crime of fraud pursuant to Article 39(1) of the Criminal Act should be considered. In full view of the records of the Defendant’s age, sexual conduct, environment, and past convictions, and various other factors of sentencing as indicated in the instant case and the changed theories, the sentence imposed by the lower court is too uneasy and unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.