The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one hundred months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneasy and unreasonable.

However, since the amount of damage caused by the instant crime exceeds KRW 65 million, the Defendant’s liability for the crime is not minor.

However, considering the following circumstances: (a) the Defendant paid KRW 13 million to the victim before filing a complaint; and (b) the lower court additionally deposited KRW 13 million to the victim as the victim; (c) the instant crime and the crime of fraud, etc. finalized on April 12, 2012, which became final and conclusive at the same time; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) all other circumstances constituting the conditions for the sentencing specified in the instant case, such as the circumstances after the crime, etc., the lower court’s sentencing appears to be somewhat unaffortable, but it cannot be deemed unreasonable to the extent that the reversal cannot be avoided.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.