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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable;
2. The judgment of the Defendant borrowed KRW 40 million from the victim and borrowed KRW 10 million from the victim as if he/she did not repay his/her money, and the Defendant borrowed KRW 10 million from the victim as if he/she did not repay his/her money.
However, in full view of all the sentencing conditions including the Defendant’s age, character and conduct, criminal records, forms and results of the crime, and the situation before and after the crime, the lower court’s punishment cannot be deemed as unreasonable because it is too unreasonable.
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.