The appeal by the prosecutor is dismissed.

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (one year of imprisonment with prison labor for eight months and one year of suspended execution) is unfair.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, such as the fact that it is not good to commit the crime by intentionally deceiving the victim and deceiving the money by using personal trust relationship with the purpose of repaying the obligation of his own loan, and that it is not agreed with the victim.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant paid KRW 10 million out of the amount of damages; (c) the Defendant appears to have difficulty in paying the amount of damages due to his employment company’s failure to receive wages; and (d) the Defendant has no record of being punished for the same kind of crime.

The scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from June to June of imprisonment, from the first category of fraud crime, the first category of general fraud crime (less than KRW 100 million), the special person, the decision-making of the recommended area (basic field), the recommended sentence range (six to one year and six months), and all other sentencing conditions such as Defendant’s age, character and behavior, environment, circumstances before and after the instant crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

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