2. The fact that the defendant's illegal receipt amount acquired by the crime of this case has not been returned to the present time despite the name of 5.88 million won is disadvantageous to the defendant.

However, considering the fact that the defendant led to the crime of this case, the defendant is the first offender, the defendant appears to have been unable to return the benefits received intentionally, not to return the benefits received intentionally by the defendant, but to have been inevitably unable to return the benefits due to family conditions because of the lack of family conditions, and considering the fact that the defendant is coming to his living conditions at present, and other factors, such as the defendant's age, character and conduct, intelligence and environment, motive, means and method of the crime of this case, and circumstances after the crime, the court below's punishment is deemed to be appropriate.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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.