The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

In light of the legislative intent of the penal provision of this case, the defendant's crime is not less complicated, and the scale of industrial site subject to disposition and its trading value are considerable factors for sentencing disadvantageous to the defendant.

However, in full view of the facts that the Defendant recognized the instant crime, and the fact that the Defendant appears to have no profit in the process of selling the instant land and factory, etc., it is favorable to sentencing factors, and other factors of sentencing indicated in the pleadings, such as the motive and circumstance of the instant crime, the Defendant’s age, character and conduct, environment, etc., the Prosecutor’s assertion is without merit, given that the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.