The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) declared by the court below is too unhued and unreasonable.

2. The judgment of the court below is that the amount of damage in this case exceeds 40 million won and the damage is not yet recovered, but it seems that the defendant's multi-stage business was caused to the crime in this case under good financial condition, such as excessive debts, etc., even though it is recognized that the defendant had failed to perform multi-stage business, there is only two minor criminal records, and there is no punishment power after around 1995, and the defendant's act of causing damage to the victims is against depth. The defendant's health is not good due to brain species, urology, and cronology, etc., the defendant filed a petition for bankruptcy on or around September 2009 (the name of the victims in this case at the creditor list at the time), and the defendant's age, character and behavior, environment, motive, means, and result of the crime, etc., and the sentencing of the court below is inappropriate and it is too inappropriate to determine that the sentencing of the court below is too inappropriate by comprehensively considering various conditions prescribed in Article 51 of the Criminal Act.

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

(Probation and "Probation" in the application of the statutes in the original judgment is clear that it is a clerical error, and it is corrected that it is deleted under Article 25 of the Regulations on Criminal Procedure).