The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) of the original judgment is deemed to be too untile and unfair.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings the victim who is not against the ability to repay, and the crime of this case is not less than that of the crime, that the defendant did not agree with the victim, that most of the damage was not recovered, and that the defendant has a record of the same criminal act (one time of fine punishment and one time of suspended execution).

However, with regard to the instant crime, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court is not more than one year in imprisonment with prison labor from one month to one month, fraud types 1 (less than 100 million won), general fraud types 1 (less than 100 million won), special fraud categories 1 (less than 100 million won), the scope of the recommended sentence (in cases where a person intentionally commits a deceptive act), the scope of the recommendation sentence (in cases where a person intentionally commits a deceitful act), the head of the recommendation area, the decision of the recommendation area, the scope of the recommendation sentence (in cases where a person intentionally commits a deceitful act), the main positive factors such as the suspension of execution are as follows: the amount of damage is not very small; the amount of damage is supported by the defendant; there is other various factors such as the defendant's age, character and behavior; the environment; the motive and consequence of the crime; and the circumstances after the crime in this case.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per