The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentencing of the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is too uncomfortable and unfair.

However, since the amount of damage caused by the instant crime is a total of KRW 100 million, the Defendant’s liability is not minor.

However, on December 26, 2012, the victims agreed that 90 million won (40 million won shall be paid in a lump sum, and 50 million won shall be paid in installments on the 20th day of each month from January 2013 to 20 months, and expressed their intention that they do not want to be punished. According to the above agreement, the defendant returned 40 million won to the victims on the date of agreement, and the remaining 50 million won from January 20 to June 20, 2013, the victims returned 2.5 million won each month from January 20, 2013 to June 20, and additionally returned 50 million won from July 20, 2013, 200 million won shall be paid in installments on the 2.5 million won from January 20, 2013 to 20 million won, the defendant’s motive and condition of punishment shall not be considered in all other circumstances, excluding the violation of the Labor Standards Act, etc.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.