The prosecutor's appeal is dismissed.

1. The sentence of the lower court (six years of imprisonment and two years of suspended execution) is too unfased and unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. In light of the fact that the decision on the grounds of appeal in this case is based on a large amount of KRW 49,170,000,000, and most of the damages have not been recovered up to the trial, and that the defendant appears to use approximately KRW 20,00,000 out of the amount of the acquired money for gambling on the Internet, etc., the defendant shall be punished strictly.

However, in full view of the defendant's recognition of the crime of this case and there is no record of punishment for the same crime, the defendant's right to hold a house business operated by the defendant transferred to the victim, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., it is deemed that the court below's punishment is too unjustifiable and unfair. Thus, the prosecutor's assertion of unfair sentencing is without merit.

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