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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (one year of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. Determination of the amount of the instant embezzlement is considerably large amounting to KRW 150,00,00,000, and the fact that the Defendant was unable to receive a letter or reach an agreement from the injured party is disadvantageous to the Defendant.
However, in full view of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, sex, environment, circumstances after the crime, and circumstances after the crime, it is deemed that the lower court’s punishment is too uneasy and unfair, and thus, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.