The punishment of the court below (eight months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant has recognized his mistake, and that the defendant has no criminal record of the same criminal record or fine, etc. are favorable factors for sentencing.

However, when comprehensively taking account of the following: (a) the instant crime was committed by embezzlement of an amount exceeding KRW 53 million in total over 151 times for a period exceeding one year using a fiduciary relationship; (b) the Defendant has escaped for at least three years after the discovery of the crime; and (c) the Defendant has not made any effort to recover damage even before the lapse of one year after the period of escape, including the above escape period, was arrested; and (d) there is no change in circumstances to the lower court’s judgment and punishment; and (e) the details of the instant crime; and (e) the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee [the basic area of embezzlement and breach of trust crimes Type 1 (less than KRW 100,00: Imprisonment for 4 months to 1 year and 4 months]; and (e) the Defendant’s argument is not reasonable because the Defendant’s punishment is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.