The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The judgment of the court below is unreasonable in light of the following circumstances: while the defendant was jointly and severally guaranteed by the victim who is a workplace partner with the victim's 12 million won as a joint guarantor, he/she again borrowed 12 million won as a joint and several surety to repay his/her existing debt to the victim and let the victim perform his/her joint and several surety amounting to about 10 million won, and it is not good to commit the crime; the victim did not agree with the victim; the victim did not have any money repaid to the victim; on the other hand, the defendant did not have any other criminal records as well as the defendant was sentenced to a fine of KRW 1 million due to the violation of the Road Traffic Act on December 24, 2004; the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court (the scope of recommending punishment: between June and June) and the defendant's age, character and behavior, environment, circumstances after the crime, etc., and the sentencing conditions of this case.

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.