The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unhued and unreasonable.

2. In light of the fact that the defendant merely read books on foreign exchange investment and borrowed money from the victim while he/she was aware that it is difficult to make an investment in foreign exchange, but did not notify the victim of the fact that he/she did not know that it is difficult to make an investment, it is necessary to strictly punish the defendant in consideration of the fact that he/she obtained money exceeding KRW 180,000 from the victim in excess of the total amount of money borrowed from the victim.

However, in light of all of the following factors: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant agreed with the victim during the time of the trial; (c) the Defendant paid the victim an amount equivalent to KRW 19 million as interest; (d) the Defendant has no record of criminal punishment; and (e) the Defendant’s age, character and conduct, family environment, etc., the sentence of the lower court is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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