The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below (one year of imprisonment and two years of suspended execution) is too unhued and unfair.

Judgment

The crime of this case was committed for a long time, the sum of the amount embezzled by the defendant is not a large amount, and the amount of the embezzlement amount not returned by the defendant is a disadvantageous sentencing factor.

However, considering the following as a whole: (a) the Defendant recognized the crime; (b) the Defendant returned part of the amount of embezzlement; (c) the victim C’s negligence that the Defendant did not distinguish the head of a Tong for the business of several companies and could have contributed to the occurrence of damage; and (d) the Defendant’s primary offender who did not have any previous criminal record is also a favorable sentencing factor; and (c) other factors such as the background of the crime in this case; (b) circumstances after the crime in this case; (c) various sentencing materials on the pleadings, such as circumstances after the crime in this case; (d) the Defendant’s age, character and conduct; and (e) the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission (type 2 (type 100,00 won, more than KRW 50,000):

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected that the phrase "the relevant legal provisions and choice of punishment for facts of crime" is added to the end of "the relevant legal provisions and choice of punishment for facts of crime" in the application of the judgment of the court below ex officio