횡령
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unhued and unfair.
2. Although the amount of dividends that the Defendant disposed of at will without the consent of its partners is not certain, some of them were paid to its partners, and it is difficult to view that the Defendant has a substantial profit in comparison with the total amount of dividends, when compared to the amount of dividends, the court below deposited part of the amount of damages for the victims, the Defendant has no particular criminal history, and the Defendant has no other criminal history, and in full view of the criminal punishment for other crimes similar to the instant crime, the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, circumstances after the instant crime, etc., it is not recognized that the court below’s punishment 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.