The prosecutor's appeal is dismissed.

1. The main sentence of the grounds for appeal (two years of suspended sentence for a fine of five million won) of the lower court is deemed to be too unhued and unfair.

2. Determination

A. According to the records, the court below determined a punishment in consideration of various sentencing reasons, such as the fact that the money acquired by deception is not a little amount, that is not agreed with the victim, that is, the mistake is divided and reflected, that part of the damaged amount is repaid, that the remainder is also repaid, and that it is the primary offender who has no record of criminal punishment.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.