The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

2. Although the amount embezzled by the Defendant is not at least KRW 77,20,000, the sentencing of the lower court is somewhat heavy in full view of all the circumstances, including the following: (a) the Defendant led to the confession and reflection of the offense; (b) the victim was unable to punish the Defendant by mutual consent with the victim; (c) the Defendant is going to the marriage of his/her child; and (d) equity with the case where the Defendant was tried at the same time as the crime of abandonment of remains as indicated in the judgment of the lower court, and other circumstances, such as the Defendant’s age, character and conduct, family environment

3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's argument is with merit.

Criminal facts

The criminal facts and the summary of the evidence against the defendant recognized by the court are identical to the corresponding column of the part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the ground that the suspended execution is above Article 62(1) of the Criminal Act (the conditions favorable to the defendant in the judgment of the above paragraph (2));