2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the fact that the defendant recognized the crime of this case and divided in depth, that the defendant had no record of punishment for the same kind of crime or of a fine heavier than that of a fine, and that the victim recovered part of damage after receiving a dividend of the amount of KRW 17 million in the compulsory execution procedure against the defendant's real estate.

However, in full view of the following factors: (a) the amount of the instant embezzlement exceeds KRW 95 million; (b) the Defendant did not take any measures to recover the remaining damage until the trial at the trial; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (d) the sentencing conditions of Article 51 of the Criminal Act as stated in the records, such as the circumstances after the commission of the crime, etc., it is deemed that the lower court’s punishment is too unreasonable.

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