The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (4 months of imprisonment) is too uneasible and unfair.

2. Although the amount of fraud in this case is not a considerable amount of KRW 50 million, it is not a proper recovery of damage, the fact that the damaged person want to be punished by severe punishment of the defendant is disadvantageous to the defendant.

However, considering the following: (a) the Defendant appears to have led to the confession of a crime and divided his mistake; (b) the equitableness with the case where a judgment becomes final and conclusive; and (c) the fact that there was no record of criminal punishment except for the punishment of three times a fine due to drinking driving before being punished due to the above fraud, etc.; and (d) the circumstances and consequence of the crime, the circumstances after the crime, and the character and conduct of the Defendant, etc., the sentence of the lower court is too unjustifiable and unreasonable.

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.