The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year and six months of imprisonment, and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. A large amount of damage to the instant crime exceeds KRW 200 million, which is disadvantageous to the Defendant.

However, the court below, however, seems to have determined a sentence by fully considering the circumstances unfavorable to the defendant, and it seems that there was no change in circumstances that would be different from the judgment of the court below, and the defendant was sentenced to a suspended sentence in around 1995, and there was no record of being sentenced to punishment for the same crime or sentenced to a fine exceeding the fine, and the defendant agreed to refund the deposit amount of KRW 200 million after five years K agreed to pay the deposit amount of KRW 130 million to whom H paid the deposit amount of KRW 130 million and received the deposit amount of KRW 130,000,000, and it appears that there was no substantial damage to the victim or that all the damage was recovered, and in full view of the various sentencing conditions as shown in the records and arguments, such as the defendant's age, happiness environment, and circumstances

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.