The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

In addition, in full view of all the conditions of the arguments and the records of the instant case, including the details and contents of the instant crime, the total acquired amount was not much 12.4 million won, the fact that there was no criminal records other than the fine twice prior to 2004, the relationship between the Defendant and the victims, the fact that the Defendant is able to repay to the victims, and the situation after the commission of the instant crime, the age of the Defendant, health status, and economic form, etc., it is not recognized that the sentencing of the lower court that sentenced the Defendant to a fine of KRW 5 million exceeded the reasonable scope of discretion because it is too unfasible.

3. Accordingly, the prosecutor's appeal cannot be accepted, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.