The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 160 hours of community service order) declared by the court below is too uneasy and unreasonable.

2. Although the defendant had a record of being punished as a crime of the same kind, and did not reach the agreement with the victims, the defendant recognized the crime of the this case and seriously reflects his mistake, and the defendant deposited a total of 65,00,000 won for the victims in the original trial, and he has been making efforts to recover damage by additionally depositing a total of 6,00,000 won in the original trial, and he has made efforts to do so in the first instance trial, pursuant to Article 39(1) of the Criminal Act, consideration should be given to the crime of occupational embezzlement and fraud for which the crime of this case and the judgment have become final and conclusive at the same time, and other circumstances, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., are not recognized as being unfair since the sentence imposed by the court below is too uneasible. Thus, the prosecutor's above assertion is without merit

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

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the second criminal facts of the judgment of the court below shall be corrected " November 26, 2012" to " November 29, 2012."