A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (ten months of imprisonment) is too unhued and unfair.

2. The judgment that the defendant was in a trial and recognized all of the crimes of this case, and is against the defendant, and that the defendant has no record of criminal punishment for the same kind is favorable to the defendant.

However, in light of the law of the crime of this case and the details of the crime, etc., the crime of this case is very poor, the damage of the victim company caused by the defendant's breach of trust is very heavy (a.e., about 40 million won), and the victim company's damage has not been completely recovered until the trial is in the court, and the defendant has an ability to be subject to criminal punishment against a large number of crimes are disadvantageous to the defendant

In full view of the above normal relationship and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.