2. The judgment of Defendant A committed the instant crime during a repeated crime due to the same crime even though there are several times, and Defendant B also committed the instant crime during the repeated crime due to the same crime. The Defendants’ participation in the instant crime is an unfavorable circumstance to the Defendants, such as the following: (a) the method of the commission of the crime causes organized, planned, intelligent, and undiscriminatory and serious damage to many and unspecified persons; (b) the overall trust relationship of society has a serious adverse effect on society; and (c) the damage has not been recovered.

However, Defendant A should take into account the equity in the case where a trial is conducted at the same time as the previous offense in the judgment of the court below. The above previous offense is that Defendant A acquired money exceeding KRW 150 million in total from other victims around the time of the instant case; Defendant B did not have any criminal record exceeding the fine; Defendant B does not have any criminal record; the Defendants recognized and reflect the instant offense; and the Defendants’ age, sex, sex, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc. are considered, and thus, it cannot be said that the sentence imposed by the court below is too unjustifiable and unfair.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.