The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The fact that the amount of damage to the instant crime is considerably larger than KRW 20 million, and that the Defendant did not take measures to compensate the damage, such as having agreed with the victim or having repaid or deposited the borrowed money, etc. up to the trial, is disadvantageous to the Defendant.

However, in light of the fact that the court below had determined a punishment by fully considering the circumstances unfavorable to the defendant, and that there seems to exist no changes in circumstances that could vary from the judgment below and the punishment of the defendant when the crime of this case was committed, that there was no record of criminal punishment, that there was no record of criminal punishment, and that the victim, as a credit service provider, could demand in advance that the defendant be required to guarantee the defendant, or that the defendant was ordered to perform the construction works of the Gu office, but instead, lent money, it seems that the court below voluntarily decided to receive a high interest rate instead of being able to cover the risk that the defendant would not repay the borrowed money, and that the court below's punishment against the defendant is not unfair, in full view of various sentencing conditions that are shown in the records and arguments, such as the age and character environment of the defendant and the circumstances before and after the crime, etc.

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.