The prosecutor's appeal against the defendant is dismissed.

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The degree of injury inflicted on the victim due to the instant crime is not provided for in the foregoing judgment.

However, the Defendant recognized the instant crime and opposed it.

The defendant deposited KRW 3 million with the victim as the victim.

There is no particular criminal offense against the defendant.

In addition, considering the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, crime experience, and all the sentencing circumstances shown in the records and arguments of this case, the sentence of the court below is too unaffortable and unfair.

3. In conclusion, the prosecutor's appeal against the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal against the defendant is without merit.