2. Although it is recognized that there is no substantial amount of money obtained by the Defendant, and there is no sufficient amount of damage recovery until now, the sentence of the lower judgment is appropriate and unreasonable, taking account of various sentencing factors indicated in the instant case, such as the Defendant’s age, character and conduct, occupation and environment, background and result of the crime, etc., as well as the fact that the Defendant first denied the crime at the investigative agency and led the Defendant to commit the crime, and reflects the mistake from this court to this court; the Defendant has no criminal records; the Defendant has paid 3.5 million won out of the amount already acquired by the Defendant at the investigation stage; and other sentencing factors indicated in the instant case, including the circumstances after the crime, etc.

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.