The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two years of imprisonment, No. 1) against the Defendant on the gist of the prosecutor’s grounds of appeal is unreasonable because it is too uneasible.

2. The crime of this case was committed by the Defendant while serving as a book for the withdrawal of the scaming organization, and was transferred to the account designated by the said organization after obtaining a total of KRW 80 million from four victims to the account designated by the said organization. The crime of this case was committed with heavy liability in light of the content of the crime and the amount of defraudation. In particular, the crime of this case was kidnapped by the victim's children.

The circumstances unfavorable to the defendant are recognized, such as the deception of victims and the fact that there is a very poor criminal law and the defendant did not make any effort to recover from the victims.

However, it is reasonable to respect the determination of sentencing in the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the trial-oriented principle, where there is no change in the conditions of sentencing and the sentencing in the first instance is not beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstance against the recognized defendant does not fall under any special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and there are other circumstances that make the conditions of sentencing in the pleadings in the instant case, such as the defendant's age, character, environment, etc., in consideration of the fact that the court below's punishment does not constitute a change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below.

3. In conclusion, the prosecutor's appeal is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.