The prosecutor's appeal is dismissed.

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

2. The crime of this case, even though the Defendant sold the set of facilities awarded a successful bid to the victim and the ownership of the above goods was vested in the victim, the Defendant still sold and taken out part of the goods in his custody to a third party and embezzled the goods owned by the victim. In light of the circumstances, method and mode of the crime, etc., the crime is not easy in light of the nature of the crime, and even according to the Defendant’s assertion, the amount of damage caused by the crime of this case reaches approximately KRW 60 million and the amount of damage was not much significant, and the damage was not recovered from the judgment of the court. Nevertheless, the damage was not properly agreed with the victim, etc., which is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant and other factors of sentencing as shown in the arguments of this case, such as the fact that the defendant recognized and reflected all of the crimes of this case when it comes to the trial, that the scope of the goods awarded by the defendant and the goods sold to the victim in this case seems to have become the cause of the crime of this case, that the defendant made efforts to recover damage, such as deposit of KRW 30 million in the victim's future, and that there is no record of the same punishment, etc., and that there is no record of the same punishment, etc., it is not recognized that the punishment imposed by the court below is too unafford and unfair because the punishment imposed by the court below is too unafford.

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