The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unhued and unfair.

2. It is recognized that the Defendant, as if the Defendant were to pay the goods with his accomplices later, would not have the nature of the crime of this case, through which coffee mixings were obtained by mass delivery from the victims, and the total amount of damage exceeds KRW 100 million and the damage was not recovered properly, and that the Defendant had the record of being sentenced to suspended execution due to the same kind of crime.

However, the degree of the defendant's participation in the crime of this case seems to be minor compared to his accomplices, and it seems that the amount of profit acquired by the crime of this case is not significant, the previous conviction of this case was around 2002, and there was no specific punishment until now, and there was no record of having been sentenced, and other various circumstances, including the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.