A defendant shall be punished by imprisonment for one year.

2. The extent of embezzlement by the Defendant is small and the Defendant did not reach an agreement with the victim until the trial is held.

However, the actual damage caused by the crime of this case seems to be significantly less than the amount of embezzlement, and it seems that the defendant has not gained substantial profit from the crime of this case.

A defendant shall have no record of criminal punishment, except for a crime of another kind sentenced to a fine once.

In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.

3. In conclusion, 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 with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;