Judgment

The crime of this case is committed by the Defendant’s voluntary consumption and embezzlement of membership fees that the Defendant had managed by taking advantage of the status of friendship general manager for three years, and the nature of the crime is not good, and the amount of embezzlement is a large amount of KRW 20 million, but the damage has not been completely recovered, etc., which is disadvantageous to the Defendant.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the fact that the Defendant appears to have committed the instant crime to raise the living expenses for his family members in difficult circumstances; and (c) the fact that there was no specific criminal record, other than being sentenced to a fine once due to gambling for the last ten years.

In this context, the scope of the recommended sentence with respect to the instant fraud crime according to the sentencing guidelines established by the Sentencing Commission is from April to April of imprisonment, and the suspended sentence and sentence are all possible, and the types of fraud crimes are classified as general fraud crimes (less than KRW 100 million), special persons (less than KRW 100 million), the recommended field is determined (basic area), the recommended range of sentence ( June to June), and other sentencing conditions such as Defendant’s age, character and conduct, environment, circumstances of the instant crime, before and after the instant crime are considered unreasonable.

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 by the prosecutor is without merit.