2. Determination is an element of sentencing that is disadvantageous to the defendant, such as the fact that the defendant deceivings the victim for about nine (9) months to acquire the money under the name of the fraternity, and that the total amount of defraudation is not less than KRW 100 million, etc.

However, in full view of all the sentencing factors favorable to the defendant, including the fact that the defendant recognized his mistake and reflects his depth, that the defendant repaid 30 million won to the victim out of the amount of the fraud of this case, that the defendant deposited 49 million won to the victim for the victim, that the judgment was made at the same time as the judgment of the court below, and that the balance of the punishment should be considered, etc., and all the sentencing factors as shown in the arguments of this case, such as the age, character and behavior, environment, the course and consequence of the crime of this case, and the circumstances after the crime, etc.

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. It is so decided as per Disposition.