The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the defendant had been sentenced to a fine due to the same crime several times, and that the defendant repeated the crime without being aware of it during the suspension period of execution due to the same crime.

However, in full view of the following circumstances: (a) the Defendant led to the confession of and the mistake against the Defendant; (b) the defrauded committed the instant crime once; (c) the amount of damage was relatively small at KRW 413,00,000; (d) the Defendant repaid the amount of damage to the Defendant and agreed smoothly with the victim; (c) the Defendant has no record of having been sentenced to a fine exceeding the fine for the same kind or a different crime except for the aforementioned suspended sentence; and (d) such circumstances as the Defendant’s age, sex behavior, motive, means and consequence of the instant crime; and (e) the circumstances after the instant crime were committed, the sentence of the lower court is too unreasonable and it does not seem unfair

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. It is so decided as per Disposition.