A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. Although the defendant did not agree with the victim or recover additional damage until the court of first instance, etc., it constitutes a reason for sentencing unfavorable to the defendant. However, considering the following factors: (a) the defendant led to his confession of the crime of this case and his mistake is divided in depth; (b) the defendant has already been detained for at least four months in this case; (c) the defendant appears to have actually repaid KRW 24 million out of the amount of 51.6 million embezzled; and (d) the defendant is the first offender without any previous conviction; and (e) the defendant is a criminal without any criminal record, it is deemed that the sentence imposed by the court below is unfair.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 356 and 355 (1) of the Criminal Act, the selection of imprisonment with prison labor, inclusive, with respect to the relevant criminal facts;

1. Article 62 (1) of the Criminal Act;