The prosecutor's appeal is dismissed.

The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) is too unhued and unfair.

Judgment

In light of the method of deception in this case and the amount of damages, etc., the nature of the crime is not easy.

Until the trial, the Defendant was unable to reach an agreement with the victim, and a significant portion of damage was not recovered.

However, as stated in the first head of the crime in the judgment below, the crime of this case is related to the crime for which judgment has become final and the latter concurrent crime of Article 37 of the Criminal Act, and the crime of this case shall be considered equal to the case where the crime of this case and the crime for which judgment has become final under

Except for the crimes for which the above judgment has become final and conclusive, the defendant has no record of punishment exceeding the punishment and fine for the same crime.

In addition, the defendant seems to have paid approximately KRW 35 million to the victim as interest.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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