The prosecutor's appeal is dismissed.

The gist of the prosecutor's appeal is that the defendant's crime of this case was committed by withdrawing money from the public fund account that manages partnership property by taking advantage of the situation in which the victim in the partnership business is residing in China, and it is not good to commit the crime, and it is not agreed with the victim, the court below's suspended sentencing of the defendant is unfair.

The sentence of the lower court, together with the above circumstances alleged by the prosecutor, is determined by comprehensively taking account of various circumstances, including the following: (a) the Defendant was the first offender; (b) the victim returned KRW 27.9 million to the victim before and after the period of the crime; and (c) the damage was fully recovered; and (d) it cannot be deemed unfair because it is too unfeasible.

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