The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unfasible and unfair.

2. Determination of the amount of damage caused by the instant crime is KRW 40,000,000, and the fact that no substantial damage recovery or agreement has been reached is disadvantageous to the Defendant.

However, it was intended that the defendant had intention to acquire it in bad faith from the beginning.

In full view of the facts that it is difficult to see the Defendant’s favorable circumstances, such as the fact that the Defendant did not have any other criminal record except that he/she has been sentenced to a fine (300,000 won, each of which was sentenced to two times) due to a different type of crime, various sentencing conditions provided for in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, etc., and the scope of the recommended sentencing guidelines established by the Supreme Court sentencing committee (from June to June) pursuant to the sentencing guidelines, the lower court’s sentence cannot be deemed unfair

Therefore, the prosecutor's above assertion is without merit.

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