The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor of one year and two years of suspended execution, one hundred and twenty hours of social service) that the court below made is too unfasible and unfair.

2. The lower court rendered the above sentence by taking account of favorable circumstances, such as the following: (a) under the circumstances unfavorable to the Defendant, even though the amount embezzled or stolen by the Defendant was a large amount, the amount embezzled by the Defendant did not reach an agreement with the victim; (b) settlement was made with the victim for the amount embezzled by the Defendant; and (c) payment of interest nominal money to the victim for a certain period; (d) the victim appears to have received dividends in the compulsory execution procedure equivalent to approximately KRW 40 million in relation to the claim on the said fair deed; (e) deposited KRW 10 million for the victim; and (e) the primary

In addition to the circumstances taken into account as above, the lower court takes into account the following favorable circumstances: (a) the Defendant deposited an additional KRW 2 million to the victim on April 12, 2017; (b) the victim was unable to punish the Defendant upon agreement with the victim on May 25, 2017; and (c) the Defendant appears to have a clear social relationship.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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.