The prosecutor's appeal is dismissed.

The main point of the grounds for appeal is that the sentence imposed on the defendant (two years of imprisonment, three years of suspended execution) is too unfluent and unfair.

Judgment

The crime of this case is a director with the power of representation of the victim medical corporation E medical foundation (hereinafter “victim foundation”), and the defendant embezzled approximately KRW 2.8 billion out of the fund of the above foundation from December 31, 2008 to September 14, 2012, and the defendant who is responsible for the transparent management of the fund of the above foundation embezzled such responsibility and embezzled considerable amount of money, which is disadvantageous to the defendant.

On the other hand, the defendant recognized that all of the crimes of this case were committed in depth, completed the "F" by supplementing the charges that the defendant embezzled, and the amount equivalent to the National Treasury subsidies, and the defendant seems not to have actually suffered property damage by investing considerable personal funds for the operation of the victim's foundation during the aforesaid embezzlement period. The victim foundation does not want punishment against the defendant. The defendant agreed with AB and AD (hereinafter referred to as "AB, etc.") on May 9, 2012, the defendant sold all rights concerning the foundation, such as the victim's assets, operating rights, etc. to AB, etc. to the president, etc. for KRW 12.6 billion (hereinafter referred to as "the contract of this case"), and then the defendant received KRW 80 million out of the down payment, KRW 700 million,000,000,000,0000,000,0000,000,000 won, and the intermediate payment to AB, 201,00,000 won.