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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) that the court below sentenced against the defendant is deemed to be too uneasible and unfair.
2. The Defendant committed several embezzlements and frauds by using the victim’s trust in the Defendant, and committed the instant crime again despite the fact that the Defendant had been sentenced to seven times a sentence due to the same kind of crime, one time a suspended sentence, and seven times a fine, and that the Defendant did not recover from the damage at all is disadvantageous to the Defendant.
However, the fact that the defendant confessions the crime of this case and reflects his mistake, and that the amount of embezzlement (940,000 won) and the amount of defraudation (3 million won) are not significant is favorable to the defendant.
In addition to the above circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the accused, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and arguments, there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the recommended sentence for the sentencing guidelines established by the Sentencing Committee [the scope of the recommended sentence] general fraud [the scope of offenses of occupational embezzlement [the scope of recommended punishment] under the basic area (referring to six months to one year and six months), under the basic area (referring to the scope of imprisonment] (referring to four months to one year and four months), under the basic area (referring to the scope of recommended punishment] (referring to four months to one year and four months): The final sentencing period according to the criteria for the disposition of occupational embezzlement: Imprisonment with prison labor: 6 months to two months, and thus, the prosecutor's above assertion of unfair sentencing is not acceptable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.