2. The judgment of the defendant has the record of being punished as a crime of the same kind, and the crime of this case is committed by deceiving the victims to play for the number of days with the money remitted by the victims and by deceiving them to pay the proceeds therefrom, and the nature and circumstances of the crime are not easy. However, the defendant has no record of punishment exceeding a fine due to the same crime, and has reached an agreement with the victims when he was in the trial, and the defendant has seriously reflected his mistake when recognizing the crime of this case, and other various circumstances, which form the conditions for the sentencing specified in this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, are considered as being too unjustifiable. Thus, the prosecutor's assertion is without merit.

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.