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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unhued and unreasonable.
2. In light of the fact that the instant crime was committed by deceiving the victims to join the community even though the Defendant did not have the intent or ability to operate the community, thereby deceiving them total of KRW 30,50,000 from the victims, in light of the method, content, frequency, and amount of the crime, the nature of the crime is grave, and most of the victims do not recover from the damage, it is necessary to strictly punish the Defendant.
However, in light of all the sentencing conditions in the pleadings of this case, such as the Defendant’s confession and mistake, the Defendant paid KRW 4 million to the victim C, the Defendant has no record of criminal punishment for the same kind of crime, and the Defendant’s age, character and conduct, family environment, etc., it is not recognized that the lower court’s punishment is too unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.