2. The judgment that the Defendant was unable to agree with the victim is a primary offender, the Defendant is the primary offender, the recognition of and reflects against the instant crime, and the Defendant appears to have committed the instant crime by intending to set off the obligation to return the instant money with the claim for the construction cost to be paid by K, the husband of the victim or the victim. As such, there are circumstances that may be considered in the course of committing the instant crime, and the Defendant deposited part of the money for the victim in the trial.

In full view of all other circumstances, such as the amount of damage, character and conduct of the defendant, environment, relationship with the victim, motive and means of the crime of this case, the circumstances after the crime was committed, etc., the sentence imposed by the court below against the defendant is deemed appropriate.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.