The prosecutor's appeal is dismissed.

1. The gist of the prosecutor's appeal (unfair sentencing) is that even if the defendant receives the oil price, the crime of this case is not likely to commit the crime by obtaining 3,3560,000 won in cash from the damaged person as the oil price from the injured person without the intention or ability to supply 20,000 liter to the injured person, and it is not appropriate to commit the crime of this case. In light of the fact that the damage has not been recovered, the sentence of the court below that sentenced four months to imprisonment is too un

2. The fact that the defendant recognized a mistake and speaks against the judgment, there is no history of criminal punishment for the same crime, and the defendant was sentenced to 10 months of imprisonment for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Incheon District Court on October 13, 2016 and the judgment became final and conclusive on October 22, 2016. The crime of this case and the above crime, for which the judgment became final and conclusive, must take into account equity with the case of concurrent crimes after Article 37 of the Criminal Act, as they are in the relationship of single concurrent crimes. In addition, in full view of all the conditions of sentencing as indicated in the records and arguments of this case, including the defendant's age, sex, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, even if considering the circumstances alleged in the grounds of appeal, the above assertion is not deemed unfair since the sentence of the court below is too unjustifiable and unreasonable.

3. The appeal by the prosecutor of the conclusion 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.