A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The punishment of the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is acknowledged that the Defendant, as a general manager in charge of the financial accounting of the victimized company, transferred the funds deposited in the deposit account of the victimized company to his account five times during the course of business and embezzled the assets of the victimized company by arbitrarily consuming them, and the crime is considerably poor in light of the method and content of the crime, the amount of damage, etc., and the liability for the crime is considerably heavy.

However, the court below's decision that recognized the defendant's crime of this case and was detained for about one month after the decision of the court below, and the defendant paid 70 million won out of the amount of damage to the damaged company up to the original judgment, and expressed that the damaged company would not want the punishment of the defendant by agreement with the victimized company. The defendant did not have any criminal record other than the fine of small amount due to the crime of this case committed in around 2010 and around 2011, the defendant's family members want to be punished against the defendant, and the social relation of the defendant clearly appears to be clear because the defendant's family members want not to be punished again, and the defendant's age, character and behavior, environment, motive and background leading to the crime, the means and consequence of the crime, and circumstances after the crime, etc. are considered to be unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Reasons for Judgment] Summary of facts constituting a crime and evidence