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

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

2. Although there are unfavorable circumstances such as the fact that the defendant was subject to a suspended sentence of imprisonment due to the crime of occupational breach of trust, the fact that the defendant was detained for about two months after the sentence of the judgment of the court below, and the fact that the defendant was detained for about two months after the sentence of the judgment of the court below, it seems that his mistake was repented in favor of the defendant.

In full view of such circumstances and the amount of money obtained by the defendant, the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The conditions of sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act shall be comprehensively determined as per Disposition.