The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) while the defendant entered into a long-term siren contract with the market price equivalent to KRW 32,198,357 on the part of the victim Ath Capital Co., Ltd. to use one motor vehicle for the franchise and kept the vehicle by delivery, it is not good that the crime of embezzlement of the above vehicle was committed; (b) the defendant was sentenced to four years of imprisonment with prison labor for fraud, etc. at the Incheon District Court on January 7, 2010 and was sentenced to four years for the crime of this case on December 1, 2013; (c) the defendant committed the crime of this case during the repeated period after the execution of the sentence was completed; and (d) the history of punishment for the same kind of crime can be punished; and (d) the damage was not recovered, the sentence of imprisonment with prison labor for four months is too unreasonable.

2. The fact that the Defendant recognized the mistake and speaks against the judgment, and the Defendant was sentenced to one year of imprisonment for a crime of fraud on October 21, 2016 in Sungnam branch support, which became final and conclusive on October 29, 2016. The crime of this case and the crime of this case, for which the judgment became final and conclusive, should take into account the equity with the case to be judged at the same time in the relationship of single concurrent crimes after Article 37 of the Criminal Act. In full view of other factors of all the sentencing as indicated in the records and arguments of this case, including Defendant’s age, sex, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., even if considering the circumstances alleged in the grounds of appeal, the court below’s punishment is too unjustifiable and unreasonable, and therefore, the aforementioned assertion is without merit.

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