2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant embezzleds personnel expenses of KRW 11,50,000, which the Defendant was in custody for the victim B, and acquired 2,00,000 won from the victim D as the contract deposit for the removal of waste exhaustter, and the nature of the crime is not weak, and there is no agreement with the victims up to the trial, and no effort is made for the recovery of victims’ damage.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects the mistake in depth, that the amount of damage caused by the crime of this case is not the maximum amount, and that the defendant would not repeat the same mistake again, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.