The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Although the Defendant acquired from the victim E KRW 312,70,000 from the victim E for investment in futures options, the Defendant provided the victim with KRW 219,60,000 as profits, the Defendant paid KRW 40,000 to the victim and agreed to pay KRW 40 million at the lower court.

In addition, the crime of this case is in the relation of fraud for which a judgment has become final and conclusive and the concurrent crimes of the latter part of Article 37 of the Criminal Act, and the equality with the case to be judged at the same time should be taken into account. There is no record of criminal punishment except

The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the lower court, and there are no new changes in circumstances that could change the sentence of the lower court in the trial.

When comprehensively considering these circumstances and various conditions of sentencing as shown in the deliberation of the court below and the parties, the sentence imposed by the court below shall not be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too uneasible.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.