2. The judgment of the victim B is based on the following circumstances: (a) the defraudation amount for the victim H is KRW 120 million, and the defrauded money for the victim H is KRW 21.6 million; and (b) the defrauded money due to the Defendant’s fraudulent crime is considerably large; (c) however, it does not reach an agreement with the victim H; and (d) he/she wanted to be punished by a strict penalty against the Defendant.

However, the crime of this case appears to be a fraud by willful negligence, the defendant has no criminal records, the defendant must pay 60 million won to the victim B during the trial process of the court below, the victim H was paid 15,422,020 won in the bankruptcy procedure against the defendant after the sentence of the court below, and the victim B was paid 1,577,414 won in the bankruptcy procedure against the defendant, and the defendant deposited 3 million won in the court for the victim H, and other favorable circumstances such as the defendant's erroneous designation and reflection of his own mistake, and other various sentencing conditions shown in the records and the trial process of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the court below's excessive punishment is unfair.

3. In 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.

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio, and the reasons for sentencing of the judgment of the court below are as follows: (b) "Type 2 (type 100 million won or more, amount of less than KRW 500 million) and the mitigation area (type 10 to February 6)" shall be as "type 1 (type 10 million or less) mitigation area (one to one month)," and (c) "Year 10 to 3 years" shall be corrected as "one to three years".