The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year and six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too uneasible and unfair.

However, since the amount of damage caused by the instant crime is about KRW 390,000,000, the defendant's liability is not less than that of the crime.

However, the court below returned KRW 100 million out of the above damages to the court below, and the above damages were used as the operation fund of the KAE, due to changes in external conditions, the above company's financial standing has aggravated, making it impossible to repay the above damages. The rehabilitation procedure was commenced on April 24, 2012 by this court 2012hap25, and approximately KRW 158 million out of the above damages were deemed to be repaid in installments in accordance with the approved rehabilitation plan. The court below ordered additional community service work for a considerable period of time, the defendant did not have any criminal power beyond a fine, and did not have criminal power after 2001, and recognized errors, and the defendant contributed to the development of industrial technology and national economy while operating the above company, and the defendant has currently been working for the rehabilitation of the above company as an administrator of the above company, and the defendant's age, age, character and conduct, motive, means and result of the crime, and all circumstances in this case cannot be considered unfairly considering the sentencing of the court below.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.