2. The crime of this case was committed in collusion with the defendant who was dismissed while serving at the main point in the management of the victim and committed a theft of KRW 36.6 million at the above main point. The nature and circumstances of the crime are very not good, and the amount of damage is considerably high, and the defendant led the crime such as gathering the crime by using a student's age, informing the student of specific methods, etc., and the defendant has already been punished several times before he was punished as property crime. However, there are some unfavorable circumstances against the defendant, such as the defendant has been punished as a property crime, but the defendant has been living in custody for about three months for more than three months, and the defendant and his accomplice have reached favorable conditions, such as the defendant paid most of the stolen amount to the victim and reached an agreement with the victim only smoothly, and the defendant and his accomplice have no other favorable conditions, such as the motive, means and result of the crime of this case, the result of the crime, the circumstances after the crime, the defendant's age, character, and environment, etc., and thus, the defendant's sentencing sentencing guidelines cannot be 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.

[However, in the summary of the evidence of the judgment below, the "each police protocol of the court against I, F, H, and G" is an erroneous entry of "each police protocol of the police against I, F, H, and G", and thus, correction is made in accordance with Article 25 of the Rules on Criminal Procedure.