특정경제범죄가중처벌등에관한법률위반(횡령)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to imprisonment for two years and six months, suspension of execution for three years, fines for 591,907,200, additional collection for 789,209,60 won) declared by the court below is too unfasible and unfair.
2. The judgment of the defendant actively participated in the crime of embezzlement and smuggling of this case, in particular, the defendant played a leading role in the disposition of smuggling and smuggling, and the amount of damage to the crime of this case is large to KRW 789,209,60, and the defendant escaped when the crime of this case was discovered and the accomplice was arrested, and the defendant was sentenced to a three-year sentence of imprisonment with prison labor for E who is the principal offender and was sentenced to a suspended sentence of imprisonment with prison labor for other accomplices whose degree of participation was minor than the defendant.
On the other hand, the fact that the defendant led to the confession of each of the crimes of this case, that the defendant does not want the punishment of the defendant by agreement with the victim, that the defendant does not have the criminal records of a fine or heavier, that the defendant does not have the criminal records of the same kind, that the profits acquired as the result of each of the crimes of this case does not reach E, and that a large amount of fine is imposed concurrently and
Considering the overall sentencing conditions revealed in the pleadings of this case, such as the age, character, conduct, and circumstances of the Defendant, the lower court’s sentence is not deemed unreasonable as it is deemed unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.