The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (one year of imprisonment and three years of suspended execution) of the lower court is too unhued and unreasonable.

2. The instant crime was committed in collusion with the employees of the management office by the Defendant, the representative of occupants, in violation of his/her duties, by embezzlement of approximately KRW 78 million, and the quality of the crime is not significantly good.

In addition, since the defendant did not reach an agreement with the victim, the tenant of the apartment is suffering from severe punishment against the defendant.

In light of the above circumstances, the lower court’s punishment is somewhat minor.

However, the degree of the defendant's participation is not significant compared to other accomplices, although the defendant did not reach an agreement with the apartment occupants, he deposited more than half of the part he consumed in the embezzlement amount and made efforts to recover the damage. The council of occupants' representatives is expected to make a provisional attachment on the apartment owned by the defendant and make an additional recovery of damage in the future, and the defendant reflects his initial and late mistake.

Therefore, in full view of all the conditions of sentencing including the above circumstances, it cannot be deemed that the lower court’s punishment is too unjustifiable enough to reverse it.

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.