업무상횡령
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (three million won of a fine) is too unhued and unreasonable.
2. The Defendant’s act of embezzlementing the amount equivalent to KRW 9,221,00 over 110 times in total from April 27, 2013 to December 23, 2013 is subject to criticism. However, considering the fact that the Defendant deposited the total amount of damages and received it by the victim, the Defendant’s receipt is against the depth of the Defendant’s mistake, the Defendant’s Defendant has no criminal record of a fine or heavier, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, it cannot be deemed that the sentence of the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.