2. The instant case is an unfavorable circumstance to the Defendant, where the Defendant conspireds with Brazil to abuse a public loan system and thereby took advantage of the nature of the offense. The Defendant took part in the crime as a false lessee and took an essential role in realizing the crime, and the profits acquired by the Defendant did not reach an agreement until now.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unfeasible and unfair, in light of the following: (a) it appears that the Defendant committed the crime in the form of simple participation in the organized fraud; (b) it appears that the Defendant had no record of the crime; and (c) the Defendant has recovered part of damage through personal rehabilitation procedures; and (d) the Defendant has recovered from damage.

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