2. Although there are some circumstances unfavorable to the defendant, such as the fact that the shares acquired by deceit through each of the crimes of this case are 70 million won, the value of which is about 20 million won, and the defendant had a record of being suspended from indictment as a fraud even before, the defendant has been subject to a disposition of fraud, the defendant returned 38,700 shares out of the shares acquired by deceit as above to the victim, and the defendant has reached a smooth agreement with the victim, and the defendant has a profoundly divided and against himself, and the defendant has no criminal history other than the disposition of suspending indictment for the last ten years, there are favorable circumstances for the defendant, such as the motive, means and result of each of the crimes of this case, the circumstances after the crime, the age, character and conduct of the defendant, intelligence and environment, and economic situation, etc., the prosecutor's assertion above 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.

[However, the court below's "50 million shares" in the 13th criminal facts and the "200 million shares" in the 21th criminal records are each erroneous statements in the "200,000 shares", and they are clearly erroneous statements in the 200,000 shares, so they shall be corrected in accordance with Article 25 of the Regulation on Criminal Procedure.