The prosecutor's appeal is dismissed.

1. Summary of the reasons for appeal: The sentence of the lower court’s unfair sentencing (three years of suspended sentence in two years and six months of imprisonment) is too unhued and unreasonable.

2. The instant crime is a case where the Defendant, who served as an accounting employee at the “F Company”, a temporary sub-leased company operated by the victim E, sold at will the temporary re-facilities leased from 2009 to 2014 and embezzled KRW 2.8 billion, and acquired KRW 100 million from the damaged party. In the process, the instant crime is a case where: (a) the Defendant committed a forgery of the victim’s name in order to lease the temporary re-facilities from another company (L Company).

The defendant, upon delegation from the victim E, has been in charge of the management of the victim's snow and has been engaged in embezzlement and has opened a false book as if he leased the temporary facilities owned by the victim E in order to conceal it. After selling the existing temporary facilities, he forged a letter of the occurrence of the victim E in the name of the victim and sold the temporary facilities leased by another company. On the wind, the victim E lost the foundation of the temporary re-lease business, and wishes to punish the defendant for damages, such as seeking a lawsuit claiming compensation for damages amounting to KRW 350,000,000 from the customer (LL company).

However, the Defendant: (a) recognized a crime from the beginning; (b) embezzled a relatively small temporary location in order to repay his/her personal debt at the first time; and (c) repeated the act of embezzlement by selling the snow at a price lower than the market price and remitting it to the victims as rent for a long time; and (d) the amount of damage was large; and (c) the Defendant did not have any profit actually accrued.