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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 penalty of KRW 5,00,000 (the fine of KRW 5,000) is too unhued and unreasonable.
2. The instant crime was committed during the period of repeated crime resulting from the same crime. Considering that the amount of damage (20,000,000) was not much agreed upon with the victim, there is a need to punish the Defendant strictly.
However, in full view of the following facts: (a) the Defendant recognized his mistake and made a serious effort to recover damage; (b) there was no record of being punished for the same kind of crime or other property crime except for the punishment once by fraud; and (c) there was no criminal record exceeding the fine; and (d) the Defendant’s age, environment, occupation, family relation, economic situation, criminal records, motive for the crime; (b) the method and consequence of the crime; and (c) all the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unjustifiable and unreasonable.
3. Therefore, 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.