2. In full view of various circumstances, including the fact that the amount acquired by the Defendant through the instant crime is up to 40 million won, the fact that the Defendant did not have agreed with the victims, etc., the Defendant’s confession and reflects the instant crime, the Defendant appears to have committed the instant crime by willful negligence, and the Defendant did not have any particular criminal record other than the punishment of a fine once for the instant crime before the instant crime was committed, the Defendant did not have any other criminal record, and added the community service order to the suspended execution of imprisonment at the lower court, which are the conditions for sentencing, such as the Defendant’s age and happiness environment. As such, the Prosecutor’s assertion is not acceptable.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.