The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (two years of imprisonment for a term of eight months and forty hours of community service order) is too unfased and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

The crime of this case is embezzlement by using the company's funds that the defendant has served as his representative for the repayment of his personal debt, and the amount of embezzlement is not too small, and the illegality of the act is heavy.

The conditions favorable to the defendant shall be as follows:

The Defendant recognized all the crimes of this case, thereby against the wrongness.

Criminal mediation was established that the defendant pays damages in installments between the defendant and the victim.

피고인은 피해자의 고소 전 판시 횡령액인 50,800�(유로) 중 14,000�(유로) 상당의 금원을 변제하였고, 현재도 나머지 횡령금의 변제를 위하여 노력하고 있는 것으로 보인다.

The defendant is an initial criminal who has no record of criminal punishment.

In full view of the above circumstances and other circumstances, comprehensively taking account of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentencing is deemed to be too unjustifiable and unreasonable.

The prosecutor's ground of appeal cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.