2. The judgment recognizes the crime of this case and reflects the fact that the defendant was indicted on the charge that he acquired approximately KRW 25.5 billion in sum as the same method of crime of this case, and on February 8, 2010, the Seoul Central District Court sentenced the defendant to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and completed the execution of the sentence. The crime of this case is in the concurrent relation between the above crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, and the crime of this case is in the concurrent relation between the above crime of this case and the latter part of Article 37 of the Criminal Act, the equity between the above crimes should be considered. When comparing the damage amount of the crime of this case as KRW 50 million with the damage amount of the above crime of this case where the judgment became final and conclusive, it seems that it would be too harsh to punish the defendant again due to the crime of this case, considering the fact that the defendant deposited KRW 1,00,000,00 for the victim.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.