2. It is acknowledged that the defendant recognized the crime of this case and gave an advance payment of KRW 51,50,000 to the victimized company, and the remaining amount is that the wife would pay in part every month. On October 12, 2012 after the crime was committed, the victim company is seeking to recover from damage, such as setting up a right to collateral security equivalent to maximum debt amount of KRW 50,000,000 to its wife, and there is no criminal record except for punishment of KRW 300,000,000,000 as a result of the crime of violating the Automobile Management Act, and there is no criminal record except for punishment of KRW 300,000,000 as a result of the crime of violating the Automobile Management Act.

However, the crime of this case is not easy to say that the defendant, when operating the Busan agency of the victimized company, who is an individual company, entered the Busan office of the victimized company at his own request on October 201, instead of suspending the agency operation, and embezzlement of the amount of approximately KRW 190 million,00,000,000,000, which was deposited by the victimized company from around that time to January 2013, 201. Since the priority mortgage was established over the real estate for which the injured company had established the right to collateral as above, it is difficult to conclude that the damage equivalent to the maximum debt amount has already been recovered due to the creation of the right to collateral, even if considering the circumstances that the defendant established the right to collateral as above, the damage up to KRW 90,00,00 has not yet been recovered, and there is no change in circumstances in the situation at the time of the injured company, the defendant's environment, circumstance, family relation, etc. after the crime of this case was committed.