The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below is reasonable in light of the following: (a) the amount of damage suffered by the victim is considerably high; (b) the defendant denies and asserts the crime of this case at the court below; (c) the defendant did not agree with the victim; (d) the defendant did not recover the damage; and (e) the defendant's allowances paid in relation to the crime of this case are not less than KRW 10 million; (c) the defendant seems to have taken part in the crime of this case; (d) the defendant seems not to have taken part in the crime of this case; (e) the victim is also liable for certain portion; (e) the victim has made an ownership transfer registration under the victim's name regarding each land purchased; (e) the amount acquired by the crime of this case was deposited into D and I; (e) the defendant was deposited into the same criminal records and fines; and (e) the defendant did not have any criminal records beyond the same kind of criminal records and fines; and (e) the records and arguments in this case, including the age, character, environment, motive, means and result of the crime after the crime, etc.

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.