The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one year of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The court below determined that the defendant, while taking charge of accounting affairs of the victim company's business office, embezzled KRW 328,332,118 in total for five years, and embling out the same appearance that the embezzlement occurred so as not to have occurred, and obstructed the defendant's business. The defendant committed a crime for a long time, committed a considerable amount of damage, attempted to escape to Seoul, with a considerable amount of damage not completely recovered, the damage was not completely recovered, and did not have been used from the victim company. Meanwhile, the court below decided that the defendant was disadvantageous to the defendant. On the other hand, the defendant was recognized as committing the crime; the defendant borrowed money to correct the difference in the book of account due to the lack of work; most embezzled money was used for the defendant's lending and lending; the defendant's efforts to purchase money from the victim company for a long time; the defendant's family members were made to recognize that the defendant had no adverse effect on the defendant's property; the defendant's additional motive and disposal of the defendant's property were made to the company.