업무상횡령
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unfluent and unfair.
2. The amount of embezzlement due to the instant crime is not a total of KRW 11,755,00,000; however, the fact that the Defendant was unable to recover damage or to agree with the victim is disadvantageous to the Defendant.
However, the Defendant’s act of committing the instant crime in order to use it as living expenses, etc. while raising a child who has a poor economic situation, and there is no reason to take into account the motive for committing the instant crime, there is no history of criminal punishment, and other conditions of sentencing specified in the instant records and arguments, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, motive for committing the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible to the Defendant’s punishment, and thus, the Prosecutor’
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.