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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and four years of suspended execution) by the lower court is deemed to be too uneasy and unfair.
2. However, considering the fact that the defendant had already been unable to repay his debt normally through the operation of the company due to the shortage of funds, he promised to pay high interest rate of 780,400,000 won in total from the victim for the purpose of operating funds of the company, etc. However, in the course of the crime of this case, the defendant paid the amount of KRW 280,000 to the victim as principal and interest, and the defendant made efforts to recover damage by depositing KRW 300,000 in the court below as principal and interest, and the defendant made efforts to additionally repay 360,000,000 won to the victim and completed an agreement with the victim on the condition of providing human and physical security to secure it. The crime of this case was committed before the crime of this case, including favorable circumstances such as the defendant had no criminal power before the crime of this case, and thus, the court below rejected the defendant's appeal based on the sentencing conditions and the sentencing guidelines set forth in Article 51 of the Criminal Act as well as the reasons for the decision of unfair sentencing.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.