The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Although the market price of the leased vehicle embezzled for judgment is reasonable, and the vehicle has not been returned until now, it is recognized that the crime of this case and the defendant have not been returned to the present time. On the other hand, the principle of equity in cases where the crime of this case and the defendant have to be judged simultaneously at the same time as the crime recorded in the judgment of the court below, which became final and conclusive, and the defendant has no record of punishment heavier than a fine due to the same crime, the defendant recognizes and reflects his mistake, the defendant is a recipient of daily life of class 3 with delay disability, and the defendant has a child to be supported as a recipient of daily life of class 3, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, sex, environment, family relationship, health status, motive, means, and consequence, etc., should be considered, and thus, it is not recognized that the sentence of

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.