2. Determination is an unfavorable circumstance to the Defendant, such as: (a) the amount that the Defendant acquired by deception from the victim using a personal confidential relationship with the victim reaches KRW 5,5110,00; and (b) the entire recovery of damage was not made even after several years have passed thereafter; (c) the victim suffered considerable pain; and (d) the Defendant sought punishment.

On the other hand, due to the fact that the defendant led to the confession of the crime and reflects on the depth of the crime, the economic situation becomes difficult in the course of operating the main points, the victim borrowed money from the victim, the victim paid part of the interest, the repayment of additional KRW 20 million in the course of investigation, and the fact that there is no criminal record or heavier punishment for the same crime.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, and various sentencing conditions indicated in the instant case, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be too unreasonable.

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.