The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. Determination of the crime of this case is an amount equivalent to 50 million won in total, and the fact that full damage has not been restored up to now is disadvantageous.

However, there are favorable circumstances, such as the fact that the Defendant made a confession of the instant crime and reflects the mistake in depth, the Defendant repaid KRW 10 million to the victim prior to the instant indictment, and deposited KRW 20 million for the victim at the lower court, each of the instant crimes ought to be considered in relation to a single concurrent crime after Article 37 of the Criminal Act with another crime for which judgment has become final and conclusive, and the fact that there is a family member to support the Defendant.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. 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 without merit. It is so decided as per Disposition.