The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor, two years of suspended execution, and one hundred and twenty hours of community service) declared by the court below is too uneasy and unreasonable.

2. In light of the content and circumstances of each of the instant crimes, the period and frequency of the instant crimes, and the amount of defraudation, etc., the Defendant does not need to take strict liability against the Defendant in that he/she committed the instant crimes even though he/she had been punished for a suspended sentence due to a violation of the Food Sanitation Act in the past.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects on the Defendant; (b) the Defendant did not actively propose an accomplice and reached the commission of a crime; and (c) there are some extenuating circumstances to take into account the circumstances leading up to the participation in the crime; (b) the gains actually acquired by the Defendant by dividing the profits from the Defendant into an accomplice and the profits from the crime; (c) the Defendant did not have any record of being punished for fraud; and (d) other various sentencing conditions as indicated in the records and arguments, such as the Defendant’s age, character and conduct and environment, and circumstances after the

Therefore, prosecutor's assertion is without merit.

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.