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.

2. The judgment of the court below is reasonable in light of the following circumstances: (a) the Defendant’s employees employed by the victim committed the instant crime more than 36 times repeatedly during 7 months, and the nature of the instant crime is not good; (b) the embezzlement amount is a large amount of KRW 320 million; and (c) the embezzlement amount is used in gambling; and (b) the circumstances after the commission of the instant crime are not good; (c) while the Defendant’s mistake is recognized; (d) the Defendant was the first offender; (e) the Defendant was paid more than the embezzlement amount; (e) the amount of KRW 345 million was repaid to the victim; and (e) the damage was recovered in full; and (e) the Defendant agreed with the victim. In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, personality and conduct, and other various sentencing conditions specified in the argument, the Defendant’s argument is unreasonable, and thus, is justified.

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 evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);