The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of suspended sentence in the amount of three million won) is too unfluent and unfair.

2. In light of the circumstances unfavorable to the defendant, the court below held that the defendant embezzled the inventory assets of the company of this case operated by the defendant together with the victim, and such crime was committed by destroying the trust in the business relationship and destroying the defendant's total four previous fines. On the other hand, under favorable circumstances, the defendant transferred the goods of this case to the immediate next warehouse of the existing warehouse and intended to settle and agree all the business assets including the goods of this case. Thus, it was possible to settle the assets of this case with the victim including the goods of this case being kept by the defendant, so it was difficult to grasp the overall sales and current status of assets of the company of this case. With regard to the process of this case, the defendant could not know about the whole sales and debts of the company of this case. The defendant did not disclose the sales and debts of the company of this case for the settlement of the business relationship, and it appears that the amount of the goods of this case, which were part of the business property of this case, was carried out by the defendant to the above company of this case, while maintaining a relatively small amount of the sales relationship between the defendant and the above company of this case.

In light of the fact that there is no special change in circumstances that can be assessed differently in the appellate court when favorable or unfavorable to the defendant, the sentencing of the lower court cannot be deemed unfair because the sentencing of the lower court is too uneasible.

Therefore, the prosecutor's above assertion is without merit.

3. The appeal by the prosecutor of conclusion is with merit.