All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s arguments.

The fact that the defendant still has no record of criminal punishment due to the same kind of crime, and that the defendant has been recognized to commit the crime of this case, and that the defendant paid a considerable amount of lease fees under the lease contract for the machinery of this case to the victim C&W Capital Co., Ltd. is favorable to the defendant.

However, the crime of this case is deemed to have embezzled machinery equivalent to approximately KRW 45 million at the market price of the victim's possession. The defendant paid part of the lease fees to the victim, but still did not pay the lease fees of KRW 18 million, and thus, the victim's damage is not considerable. Nevertheless, the defendant's assertion that "the victim unfairly terminated the lease contract concerning the above machinery and sent a letter of intimidation, etc." is difficult to deem that the defendant is seriously against the crime of this case. The victim's damage caused by the crime of this case is still not sufficiently recovered, etc., which are disadvantageous to the defendant.

In full view of the sentencing conditions, such as the Defendant’s age, character and conduct, environment, and family relationship, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is 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.