The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The crime of this case is determined by taking full account of the following facts: (a) the crime of this case was committed by deceiving money from the victim company by claiming repair costs, rent, etc. for the vehicle that the driver driven in a several years by using his status as a driver; (b) the crime is very poor when considering the method and duration of the crime; (c) the defendant is aware of his mistake; (d) the defendant deposits KRW 5 million for the victim company in the trial process of the court below; and (e) the victim was repaid KRW 20,230,000 for the victim company; and (e) the damage from the crime of this case was most recovered by paying KRW 20,230,00 to the victim in the trial process of the court below; and (e) there was no criminal record other than three times due to the crime of violence, it cannot

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.