The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in six months of imprisonment) is deemed to be too unhued and unfair.

2. We examine the judgment, although not agreed with the victim, the crime of this case is not the fraud of new funds, but the degree of acquiring property profits for the extension of the repayment period for the existing borrowed funds, in light of the progress of monetary transactions between the defendant and the victim, the defendant's criminal intent or crime is not serious; the defendant paid interest on the agreement rate within a long time after the first transaction; the defendant reflects the crime of this case as a first offender without any previous conviction; part of the damage amount is expected to be repaid through the personal rehabilitation procedure; and all other circumstances, including the defendant's age, sex, environment, the process and consequence of the crime of this case, the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, are considered appropriate, and it does not seem to be unfair as it is too unreasonable.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.