2. Determination is based on the following facts: (a) the total amount of embezzlement is not more than KRW 34 million; (b) the same criminal records of fraud are three times; (c) the fact that the victim did not agree with the victim is an unfavorable reason for sentencing; (d) the Defendant, who led to the confession of the crime, is against himself/herself; (e) the amount of defraudation is a relatively small amount of KRW 430,000; and (e) the fact that

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.