The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, two years of suspended execution, and community service) is unreasonable.

2. In full view of the following factors: (a) the amount of defraudation in the instant case is not so big that damage has not been repaid; (b) the victim wanted to be punished against the Defendant; (c) the victim is liable for the occurrence of the crime or the expansion of damage even to the victim with the intent to obtain profit despite being aware of being operated as gambling money; (d) the favorable circumstances such as the Defendant’s primary offender who has no record of criminal punishment; and (e) the Defendant’s age, sex behavior, environment, family relationship, circumstances after the crime, and other various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s age, sex, family relationship, circumstances after the crime, etc., it does not seem that the lower court’s punishment is too una

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.