The prosecutor's appeal is dismissed.

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible.

2. In full view of the favorable circumstances, such as the fact that the defendant was unable to agree with the victim, there is no record of the crime that exceeds the same kind and fine as the defendant, the defendant paid KRW 5 million to the victim in relation to the crime of this case, and deposited KRW 20 million to recover the damage, etc., and the basic area of the crime of embezzlement and breach of trust according to the sentencing guidelines established by the Supreme Court sentencing committee, such as the scope of the recommended sentence according to the type 1 (from April to January 14), the basic area (from January 1 to April), and other sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, sex, environment, motive, means and consequence, circumstances after the crime, etc., the prosecutor's argument of the punishment is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.