The prosecutor's appeal is dismissed.

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

2. In our criminal litigation law that takes the trial-oriented principle and the direct principle, where there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the amount acquired by the Defendant from the damaged persons several times reaches KRW 8.5 million in total, and the victim has not yet used the Defendant, etc. is disadvantageous to the Defendant.

However, the defendant showed the attitude of reflecting each of the crimes in this case, and the victim paid approximately KRW 7.5 million to the court below and KRW 1.5 million to the court below.

There is no record of criminal punishment by the defendant for the same crime before the crime of this case is committed.

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, it does not seem that the sentence imposed by the lower court exceeded the reasonable scope of discretion or is too uneasible and 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.