2. The following facts are acknowledged: (a) the Defendant made a statement that he made the confession of the facts constituting the instant crime and reflects the Defendant’s mistake in depth; (b) there are some circumstances to consider the motive and circumstances leading to the instant crime; (c) there is no criminal record exceeding the fine; and (d) the Defendant returned KRW 65410,000 prior to the instant indictment.

However, the crime of this case committed by the defendant has been embezzled for another purpose, which is strictly limited to its use, and has considerable importance and possibility of criticism. Nevertheless, since the decision of the court below, the remaining amount of about 98 million won has not been returned until about 1 year and 5 months have passed since the decision of the court below was made. Considering the various circumstances, the court below seems to have sentenced the punishment of 1 year, which is the highest amount of the recommended type (Embezzlement, 2 type and basic area: imprisonment 1 to 3 years) according to the sentencing guidelines, and there is no special change in circumstances that would change the sentence of the court below at the trial, and there is no other reason to change the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, family relations, health conditions, etc., the court below's assertion that the defendant asserts the punishment of this case has no reason to recognize that the defendant is too inappropriate and unreasonable even if considering various circumstances asserted by the defendant.

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