The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentencing of the court below is too uncomfortable and unfair.

Judgment

The Defendant’s principal crime is an unfavorable circumstance to the Defendant in light of the amount of damage, deception method, etc. caused by the fraud by borrowing KRW 23 million under the name of a secondhand purchase without the intent or ability to repay the loan, etc.; however, the Defendant is in profoundly contradictory to the Defendant; the Defendant has no specific criminal records other than once before and after a fine is imposed on the Defendant; the victim does not want punishment by fully repaying the amount of damage to the Defendant; and the victim does not want to be punished; in light of the motive and circumstance of the instant crime; circumstances after the instant crime; the Defendant’s age, character and conduct, environment, etc.; and other various circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the motive and circumstance leading up to the instant crime; the Defendant’s age, character and conduct, etc., the sentencing of the lower court

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.