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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.
2. The crime of this case is not likely to be a serious crime since it is a case where the defendant's "line-based tin" lending funds under the pre-sale of goods is serious and there is serious social harm caused thereby.
However, in full view of the fact that the defendant recognized the crime and commits the mistake, the fact that there was no record of punishment for the same kind of crime, the circumstances favorable to the defendant shall be considered, and the sentence imposed by the court below is judged appropriate, and it does not seem unfair because it is too unfeasible.
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.