The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (two months of imprisonment and two years of suspended execution) is deemed to be too uneasy and unfair.

However, considering the following circumstances: (a) the total amount of damages caused by the instant crime was KRW 24 million; (b) the Defendant paid KRW 10 million to the victim; and (c) transferred the remainder of KRW 14 million to the victim; and (d) there was no criminal record of the same kind of criminal record and the suspension of execution; and (e) the Defendant’s age, character and conduct; (b) motive, means and consequence of the instant crime; and (c) all other circumstances constituting the conditions for sentencing as indicated in the instant case, including the circumstances after the commission of the crime, etc., the sentencing of the lower court cannot be deemed unfair because the

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.