All appeals by prosecutors are dismissed.

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the defendant recognized the crime of this case and reflects it, and the fact that the defendant should consider equity with the case where he concurrently ruled with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of violation of the Punishment of Tax Evaders Act.

However, the crime of this case is an unfavorable circumstance, where the defendant established a new company of the same kind as the victim company in which the defendant is in office, and then the victim company had the victim company deliver the original team by deceiving the victim company as if there was a normal order, and acquired the pecuniary profit equivalent to the original unit price in the name of the company established by the defendant himself, and in light of the means and circumstances of the crime, etc., the crime is bad in light of the nature of the crime, and the damage was not recovered to the victim

There are no special circumstances or changes in circumstances that can be newly considered in the trial of the party, and comprehensively taking account of the records and arguments of this case, such as the defendant's age, sex, family relationship, circumstances of the crime, and the circumstances after the crime, the lower court's punishment is too heavy or unbrupted so that it cannot be deemed unfair.

Defendant

We do not accept the prosecutor's assertion.

3. The appeal 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.