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. The amount of embezzlement due to the instant crime exceeds 50 million won, the following circumstances are considered: (a) the Defendant’s liability is unfavorable; (b) the Defendant reflects his mistake; (c) the Defendant has no record of criminal punishment other than a fine once; and (d) the Defendant has reached a unanimous agreement with the victim during the trial; and (b) the various sentencing conditions, such as Defendant’s age, character, character, environment, motive, means and consequence after the instant crime; and (c) the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission as to the instant crime, based on the following factors: (a) the scope of punishment according to the sentencing guidelines of the Sentencing Commission for the crime of embezzlement and breach of trust is 10 months from January to October; (b) the decision of the recommended sentencing area; (c) the scope of the recommended sentence; (d) the main positive factors that it is possible to suspend the execution; and (e) the sentence is too unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;