The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. Determination of the instant crime is recognized that the Defendant used KRW 9,976,964 for personal purposes while the Defendant kept funds remitted from the victimized person to jointly conduct business, and that the crime is not good in light of the method and frequency of the crime.

However, in full view of the following circumstances: (a) the amount embezzled by the Defendant was not larger than KRW 9,976,964; (b) the Defendant transferred to the victim and D the authority to dispose of the entire amount of money held in the custody of the Defendant in the warehouse ( approximately KRW 120,000,000,000,000,000,000). The Defendant did not have any history of punishment for the same kind of crime; and (c) the Defendant’s age, sex behavior, motive, means and consequence of the instant crime; and (d) other conditions of sentencing, such as the circumstances after the commission of the crime, it does not seem that the sentence imposed by 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.