The prosecutor's appeal is dismissed.

1. The sentence of imprisonment (two months of imprisonment, two years of suspended execution, and 80 hours of community service) by the court below on the gist of the grounds of appeal is deemed to be too uneasible and unfair.

2. The Defendant, upon becoming a member, committed the instant embezzlement. Before transferring from the company account to the Defendant’s account, the Defendant terminated the text and notification service sent by the Defendant to the officer of the company at the time of withdrawal from the company account, and then transfers the money to the Defendant’s account, etc., and the nature of the crime is not good, the Defendant did not recover from or agree on the victim’s damage, and the victim wanted to punish.

However, in light of the following: (a) the Defendant is a primary offender with no criminal history; (b) the instant crime is a contingent crime; (c) the amount of damage is not a large amount; (d) the Defendant separates and reflects his fault; and (c) the circumstances leading to the instant crime, such as the Defendant’s age, character and conduct, method of criminal conduct, and circumstances after the instant crime, etc., the sentence of the lower court’s sentence against the Defendant is deemed unreasonable.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.