The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) is unreasonable because it is too uneasible.

However, since the amount of damage caused by the instant crime is KRW 35 million, the Defendant’s liability is not less than that of the crime.

However, considering the fact that the Defendant paid KRW 10 million to the victim before the judgment of the lower court was rendered, that there is no criminal record exceeding the fine, that is against the Defendant’s age, character and conduct, motive, means and consequence of the crime, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the circumstances after the crime, etc., the sentencing of the lower court is too unjustifiable and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.