A defendant shall be punished by imprisonment for not less than eight months.

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

2. The judgment below's punishment is too unreasonable in light of the following factors: (a) the defendant recognized all of the crimes of this case; (b) the defendant has already been punished once a fine and has no other criminal records; (c) the defendant has fully repaid the embezzlement; (d) the defendant was removed from office due to this case; (e) the defendant has been living in prison for about two months; and (e) the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, etc.; and (e) all of the sentencing conditions specified in the records and arguments of this case are considered as being too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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 of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement and comprehensive punishment), and Article 227-2 of the Criminal Act (the occupation of document recording an electronic document) of the choice of criminal facts;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

4. Article 62-2 (1) of the Criminal Act regarding community service order.