횡령등
The prosecutor's appeal is dismissed.
1. In light of the fact that the summary of the grounds for appeal is large and the total amount of damage, etc., the punishment sentenced by the court below (two years of suspended execution of imprisonment with labor for one year) is too uneasible and unfair.
2. Determination of the number of victims of the instant crime, and the total amount of damage exceeds KRW 20 million, etc. are disadvantageous to the Defendant.
However, all of the crimes of this case are recognized and reflected, the defendant did not have the same criminal record, the victim was compensated from the side of the DNA bank, and the defendant paid part of the compensation amount to the DNA bank, and agreed with the victim G, etc. are favorable to the defendant.
In this context, considering various circumstances revealed in the records and arguments, the defendant's character and behavior, environment, etc. of the defendant, since the sentence imposed by the court below against the defendant cannot be deemed unfair, the prosecutor's above assertion is without merit.
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.