The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. In light of the fact that the amount of fraud of the crime of this case is 28 million won or more, it is necessary to punish the defendant strictly. However, the prosecutor's above assertion is not acceptable, considering the following circumstances: (a) the defendant led to the confession of the crime of this case and reflects the defendant; (b) the defendant agreed with the victim in the trial; (c) the defendant did not have any other criminal record other than one time prior to a fine; and (d) the defendant's age, character and behavior, environment, family relationship, circumstances leading to the crime; and (e) other circumstances leading to the sentencing of this case, such as the circumstances after the crime.

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