Defendant

All A’s appeal and prosecutor’s appeal against Defendant B are dismissed.

1. Summary of grounds for appeal;

A. Defendant A: The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

B. Public prosecutor: The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution, and community service) by the lower court is too uneasible and unfair.

2. Determination

A. The lower court in part against Defendant A refers to “Defendant” without indicating the name of the Defendant in each of the pertinent items in each of the following items.

The above punishment was imposed by comprehensively taking account of the circumstances such as the confession, confession, and reflectiveness, and no criminal record other than the fine, support for the wife and two children, favorable circumstances in which relatives appeal their wife, the frequency and amount of and period for embezzlement as shown in the crime of this case, the forgery and use of private documents for embezzlement, the defendant's crime, the defendant's management difficulties caused by the crime of the victim company, and the defendant did not receive a letter from the victim.

In full view of all the sentencing conditions in the above circumstances, including the fact that there is no particular change in the situation at the trial, the scope of the punishment (three to forty-five years of imprisonment), the sentencing guidelines of the Sentencing Committee of the Supreme Court (three to six years of imprisonment), the character and conduct of the defendant, the environment, the background and result of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is deemed appropriate, and the defendant's assertion that the punishment is too unreasonable is too unreasonable is without merit.

B. The lower court on the part of Defendant B, based on the following circumstances: (a) committed the crime against the Defendant under the unpaid perception condition; (b) confession, reflect, and deposit money of KRW 60 million for the victim; (c) there is no previous conviction other than fines; and (d) support the wife and two children; (b) the number of the Defendant’s crimes; (c) the amount of stolen goods purchased; and (d) circumstances unfavorable to the Defendant, such as the victim’s failure to receive letters from the victim.