횡령
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (for six months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unreasonable.
2. The fact that the judgment is against the defendant, that there is no criminal history, and that the defendant paid approximately KRW 23 million is considered favorable to the defendant.
However, since the court below seems to have determined the punishment against the defendant in consideration of all the circumstances and there is no change in circumstances after the decision of the court below was made, comprehensively taking account of the defendant's age, sex, environment, motive, means and consequence of the crime and the circumstances after the crime, the sentence of the court below is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.