Text
The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.
2. Determination is based on the following: (a) the amount of damage caused by the instant crime is KRW 20 million, which is a relatively small amount; and (b) the victim D’s damage appears to have not yet been fully recovered, etc., that is disadvantageous to the Defendant.
However, in full view of the fact that the defendant has no history of punishment for the same kind of crime, the defendant paid 1.5 million won to the victim under the name of interest, etc. before the decision of the court below was made, and partially repaid the borrowed money by providing a considerable amount of money, etc., and additionally deposited 5 million won, and all other sentencing conditions such as the defendant's age, sex, environment, and family relationship, it is difficult to view that the sentence imposed by the court below is too un
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.