The prosecutor's appeal is dismissed.

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.

The Defendant did not pay KRW 60,000,000,000 to G, and there are extenuating circumstances, such as that G continued to use the corporate card and vehicle of the company when refusing to return the above crime. The circumstances alleged by the Prosecutor on the grounds of appeal appear to have been already considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the first instance.

When comprehensively considering the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines, as shown in the deliberation of the original court and the party concerned, the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too low.

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.