All the defendant and prosecutor appeals are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant continuously embezzled part of the oil paid from his customer while taking charge of the management of the gas station fund; (b) the preparation of a private document with the qualification of representative director of the victimized company; and (c) the use of the private document is not good; (d) the defendant committed the crime of embezzlement of this case for a considerable period of time; and (e) the amount of the damage was committed for a considerable period of time to KRW 4,950,000; and (e) it seems that the substantial recovery has not been made until the trial; and (e) the victim claimed additional damage and sought a severe punishment against the defendant.

However, there are extenuating circumstances, such as the fact that the Defendant confessions all of the instant crimes and reflects in depth, the Defendant jointly with his mother issues a promissory note worth KRW 50 million in face value to the victimized company, and that the victimized company is endeavoring to recover damage by creating a provisional attachment on real estate owned by its mother, etc.

In this context, the recommended sentence of the Sentencing Committee from June to August 1, 3: The preparation and event of each qualification qualification document, type 1, special person (no person), basic area, and the scope of recommendation (6-3 years of imprisonment). The aggravated punishment of multiple offenses (6-3 years of imprisonment). In addition, taking into account all the sentencing conditions, such as Defendant’s age, character and behavior, environment, relationship with victims, motive for the crime, circumstances before and after the crime, etc., it is not recognized that the sentence of the court below is too heavy or unreasonable.

4. Conclusion and the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.