The prosecutor's appeal is dismissed.

1. The prosecutor of the grounds for appeal asserts that the penalty (five million won of a fine) declared by the court below is too unhued and unreasonable.

2. The instant case pertains to a case in which the Defendant, even though the Defendant did not have the intent or ability to repay the borrowed amount, was accused by deceiving the victim with a total of KRW 40 million from the victim. The Defendant had already been subject to 17 times or criminal punishment due to the same kind of crime, and each of the instant crimes was committed during the period of repeated crime due to the same crime, etc., which is disadvantageous to the Defendant.

However, in light of all the circumstances, such as the Defendant’s age, character and conduct, occupation and environment, family relationship, the circumstances and result of each of the instant crimes, etc., and the conditions for sentencing as shown in the records and arguments, the lower court’s sentence cannot be deemed to be too unjustifiable and unreasonable. Thus, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.