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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (10 months of imprisonment, 2 years of suspended execution, and 120 hours of community service order) on the gist of the grounds of appeal is too unfasible and unreasonable.
2. The judgment of the court below is not somewhat minor in that the defendant knowingly acquired a large amount of money worth 59 million won through multiple times by using a pro-friendly relationship with the victim, although he knew that there is a difficulty in the economic situation of the victim, and that it did not reach an agreement with the victim, it is doubtful that the sentence of the court below is not somewhat minor.
However, in light of the defendant's age, sex behavior, environment, motive, means and consequence of the crime, etc., as well as other various conditions of sentencing as shown in pleadings, the court below's punishment is too unfilled and thus it is deemed unfair. Thus, the prosecutor's assertion is without merit, since the court below's punishment is too unfilled and thus it is deemed unfair. The prosecutor's assertion is without merit. The prosecutor's assertion is without merit. The prosecutor's assertion is without merit, in light of various conditions of sentencing as indicated in pleadings, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and 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.