배임
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.
2. The facts that the amount of damage caused by the instant crime is extremely large to KRW 100 million, and the amount of damage is not repaid to the victim, etc. However, the instant crime is committed before the previous conviction in the judgment of the court below, and the principle of equity with the judgment of the court below should be taken into account; the victim returned KRW 15 million to the victim; the court below deposited KRW 15 million in the trial; and there is no material to see that the loan is personally useful; and other all the sentencing factors indicated in the instant argument, including the Defendant’s age, character and behavior, environment, circumstances of the instant crime, and circumstances after the crime, etc., the prosecutor’s above assertion has no merit.
3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.