2. As to the instant crime, the crime of receiving money without delay against many unspecified persons and acquiring money under the name of investment funds requires a strict punishment of social harm, such as causing confusion to the financial transaction order and developing a large number of victims in a short period. In fact, the amount of damage to the instant crime is not much KRW 145 million. In particular, even though Defendant A had had a record of punishment for the same kind of crime, it is disadvantageous to the fact that Defendant A participated in the instant crime.

However, the Defendants appeared to have been aware of the fact that they were involved in the crime of this case and to reflect their mistakes. Defendant A agreed with some of the victims, Defendant B took the role of attracting investors, Defendant B took the role of lending the functional clothes sales center operated by himself to E, and received monthly pay and allowances therefrom from the principal offender E. In addition, the profits from the crime of this case appear to have been mainly acquired E, it is necessary to consider equity with E where fine is determined in determining punishment against the Defendants, and taking into account the age, character and conduct, environment, etc. of the Defendants and other conditions of sentencing as indicated in the records.

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