2. The crime of this case, although the defendant did not have the intent or ability to repay, acquired a total of 33.5 million won from the victims on five occasions under the pretext of real estate auction, loan money, etc. In light of the Criminal Procedure Act, the number of crimes, and the scale of damage, etc., the crime of this case is not adequate, but has not been recovered until now, and the crime of this case again committed the crime of this case, even though there was a history of punishment three times (one time of actual punishment and two times of fine) for the same crime of fraud, etc., is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects, and the fact that the victim F repaid 1.2 million won to the victim F as interest in the course of the crime, and other factors of sentencing as shown in the arguments in this case, such as the defendant’s age, character and conduct, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the sentence imposed by the court below is too unjustifiable and unreasonable

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.