The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case, when the defendant is in office as a general secretary of the victimized clan, has embezzled funds equivalent to KRW 160 million in total for personal purposes, such as living expenses, etc. for about 3 years, for which the amount of damage is large, in light of the crime period, the circumstances leading up to the crime, etc., that the crime is not good, and that the defendant does not agree with the clan to the damage of the clan, and that the defendant wanted to be punished by the severe punishment in the damaged clan is disadvantageous to the defendant.

However, the defendant confessions the crime of this case and reflects the depth of the crime of this case, the defendant did not have any specific criminal records other than sentenced to a fine of 200,000 won for the crime of this case before about 30 years, and the court below completed the registration of transfer of ownership in the name of the damaged clan with respect to the forest land on four lots, such as the 40,0165 square meters in Jinan-gun, Jinandong-gun, the defendant owned by the defendant, and made efforts to recover damage by completing the registration of transfer in the name of the damaged clan with respect to the 6149 square meters in the name of the defendant, and by completing the registration of transfer of ownership with respect to the 20,000 square meters of the damaged clan as the debtor (the aggregate of the officially assessed land prices of the five parcels as of the above 2018 shall be deemed to have been higher than the market price). Although the defendant refused to receive the damage of the clan, the defendant is normal for the defendant to receive the damaged clan (including the additional KRW 500,0,0,00,0.

In addition, in full view of the fact that civil litigation is underway between the defendant and the damaged clan, and other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., it is difficult to view the lower court's punishment as being too uneasible and unreasonable because it goes beyond the scope of discretion.

3. Conclusion, prosecutor.