A. In light of all the circumstances, including the fact that Defendant A did not reach an agreement on unfair sentencing with the victim of unfair sentencing, the sentence of a fine of three million won (old: one year and six months) imposed by the lower court is too uneased and unreasonable.

B. Since Defendant B attempted to sell the scrap metal of this case on the secondhand after being aware that it was owned by the victim G, Defendant B had continued to keep the scrap metal of this case on the secondhand, the lower court acquitted Defendant B of this part of the facts charged, despite the fact that the scrap metal of this case constitutes the stolen goods. The lower court erred by misapprehending the facts and adversely affected the conclusion of the judgment.

2. Determination

A. The prosecutor argues that the crime of this case with respect to Defendant A’s assertion of unfair sentencing is a prosecutor’s assertion that the defendant should punish the defendant strictly according to the following: (a) the defendant’s work as a staff member on the property operated by the victim stolens the victim’s stolen goods on three occasions; (b) the scrap metal he kept on duty for the victim was loaded and embezzled by getting B to load them; (c) the defendant’s trust in the victim who was in charge of the duty of collecting stolen goods, etc.; and (d) the fact that the defendant was not able to do so; and (e) the fact that the defendant was not able to take advantage of the victim’s personal information; and (e) the defendant did not receive any personal information from the victim.

However, the defendant committed the crime of this case in depth, and the scrap metal related to occupational embezzlement was recovered from damage by being reconstructed on the body of the victim. The defendant deposited KRW 2.5 million in order to recover the remaining damage of the victim. The defendant is a primary offender, and the defendant is a condition for the sentencing of this case as indicated in the record, such as the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime.