The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The crime of this case in which the defendant was embezzled without using 22.3 million won in a criminal case attorney fee received from friendly job offering victim C as a lawyer fee, and the crime of this case is not less complicated.

Furthermore, the Defendant was sentenced to a suspended sentence of one year of imprisonment on August 5, 2013 due to gambling opening, etc., and the said judgment was finalized on August 13, 2013. The instant crime was committed during the suspended sentence.

However, the defendant is opposed to his confession of crime.

In the original trial, the victim does not want to be punished by the agreement with the victim.

There are many kinds of criminal records, but there are no same criminal records.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.