업무상횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution) imposed by the court below on the defendant is too unfased and unreasonable.
2. The Defendant did not have been previous and is in depth divided into the crime.
The recommended sentencing criteria (basic sentencing) shall be one year to three years of imprisonment.
Among the damage amount sources, 100 million won was recovered, and the defendant was employed as remuneration for the victim company since 2009, and some of the embezzled money is used for the victim company.
In full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, background leading to the instant crime, and circumstances after the instant crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.