2. It is recognized that the crime of this case was committed by the Defendant with a total of KRW 150 million from the damaged person on the pretext of borrowing money, and that the amount of damage is large and the Defendant did not agree with the victim, and that the Defendant had the record of being sentenced to suspended execution due to the same crime.

However, in full view of the following circumstances: (a) the Defendant led to the confession of a crime and commits mistake; (b) the Defendant returned some of the money to the victim as principal and interest; and (c) the actual amount of damage appears to be less than the amount indicated in the facts charged, such as repayment of KRW 14 million at the original trial; (d) there is no particular criminal punishment except for the suspended execution and the sentence of a fine for a double-class crime; and (e) other circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, motive, means and consequence of the instant crime; and (e) the circumstances after the crime

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