2. The Defendant, under the pretext of employment solicitation, obtained by deception KRW 16 million, and the crime is not very good in light of the content of the crime and the method of the crime.

The Defendant committed the instant crime even though he had been punished for the same kind of crime, including the criminal record of imprisonment with prison labor.

However, the defendant shows the form of recognizing and reflecting the crime, and the defendant has agreed with the victim and has recovered the damage.

The defendant seems to be currently running the company in good faith.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it illegal.

Therefore, prosecutor's assertion is not accepted.

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.