The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution) is too unfased and unfair.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There are circumstances unfavorable to the Defendant, such as the fact that the amount of breach of trust in the instant case exceeds 400 million won, but the Defendant is recognized and contradictory to the facts charged. Meanwhile, the victim is already recovered through the auction procedure, the victim is expected to reimburse the considerable part of the claim for attempted punishment between 350,000 won and 60 months each month, and the victim is expected to recover a considerable portion of the claim for attempted punishment remaining, and there is no change in the conditions of sentencing compared to the first instance court, and there is no other criminal conviction and no other criminal record of the Defendant, and there is no undue reason for the lower court’s assertion that the Defendant’s punishment is too unfair.

3. Accordingly, 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.