All appeals by the defendant and the prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal (one year and six months of imprisonment) of the lower court is too minor or unreasonable.

2. Determination is that the total amount of damage caused by the instant embezzlement and breach of trust reaches KRW 300 million, and most of the damage has not been recovered, and that there has been forged and used another person’s signature to conceal the said crime, and that there was no agreement with the victim is an unfavorable circumstance to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) the Defendant is the primary offender who has no criminal history; (c) even though it was less than the total amount of damage, the Defendant recovered part of damage by paying some of the amount to the victim of embezzlement and breach of trust and transferring the claim for the refund of the lease deposit; and (d) other circumstances that form the conditions for the instant sentencing, such as the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant offense; and (e) circumstances before and after the instant offense; and (e) the lower court’s punishment is too heavy or unbrupted to be unreasonable, and thus, the aforementioned assertion by the Defendant and the prosecutor is without merit.

3. An applicant may not make the same application for compensation again against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). In this case, the applicant for compensation is again applying for compensation of the same content in the trial at the original instance even though the application for compensation had been rejected in the original instance, and thus, the application for compensation by the applicant for compensation is in side legal.

4. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and since the application for compensation filed by the applicant for compensation is unlawful, it is so decided as per Disposition by the assent of all participating Justices on the bench to dismiss it pursuant to Article 32(4) and 32(1)1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings