The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the defendant has no record of the same crime, the fact that the defendant agreed with the victims, the fact that it appears to be a contingent crime, and the fact that the suspension of the execution of imprisonment, which was previously sentenced, may bring about a harsh result upon the invalidation of the sentence) and unfavorable circumstances (as a result, the method and consequence of criminal conduct, the defendant was sentenced to four years of a suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was sentenced to four years of a suspended sentence for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which became final and conclusive on February 11, 2017, and is currently under the suspended sentence,

In light of the aforementioned grounds for and circumstances of sentencing, Defendant’s age, career, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, various circumstances revealed by the circumstances after the crime, and other circumstances where it is possible to change the sentencing of the lower court, and the fact that the Defendant seems to have committed the crime of this case, and thus, the lower court’s sentencing is appropriate, and cannot be deemed to have abused its discretionary power or exceeded its limits of discretion.

The sentencing of the court below is not unfair.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.