The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (two years of probation, probation, community service, 120 hours of imprisonment for ten months) is too unhued and unfair.

Judgment

The defendant's crime of this case is four victims, the total amount of damage is about 45 million won, and most of the damage except interest has not yet been recovered.

However, it is a favorable sentencing factor, such as the fact that the defendant is both aware of his mistake, the fact that the defendant has filed a petition for bankruptcy, but the defendant has promised to reimburse the victims, and where the judgment of conviction of this case is finalized, the claims of the victims constitute non-exempt claims, and the defendant has no criminal records or criminal records of the same kind.

In addition, considering the circumstances of the instant crime, circumstances after the instant crime was committed, the Defendant’s age, character and conduct, environment, etc., as well as the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (general fraud type 1 (less than KRW 100 million: imprisonment with labor for a period of less than six months to one year and six months), etc., the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.