The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentencing of the lower court (one month of imprisonment, two years of suspended execution) is deemed unfair.

Judgment

The fact that the sum of the checks that the Defendant did not recover exceeds KRW 43 million is unfavorable to the Defendant; however, the Defendant’s confessions all the instant offenses; the Defendant’s health condition is not good; the Defendant does not have any previous course of crime and there is no record of crime beyond the suspension of execution; the Defendant’s business operation from around 2005 to around 2013 led to the instant crime; the Defendant’s motive and background leading up to the instant crime; the circumstances after the instant crime; the Defendant’s age, character and conduct, and environment; and considering the various circumstances, which form the conditions for sentencing specified in the instant records and arguments, such as the instant case’s records and arguments, the sentencing of the lower court cannot be deemed unfairly unfair.

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 groundless. It is so decided as per Disposition.