2. On the grounds of appeal, the following facts are considered as favorable to the Defendant: (a) the Defendant’s perception of all the instant criminal facts and reflects his mistake; (b) the Defendant’s smooth agreement with the victim of the instant occupational embezzlement; and (c) the Defendant’s violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in around 2004, etc., on the grounds that there was no other criminal history, except for those punished twice; and (d)

However, each of the crimes of this case committed by the defendant is not less than the nature of the crime in light of the contents and methods of the crime, etc., the damage amount to the crime of this case was about 30 million won, the damage amount to the crime of this case was about 42 million won, and the victim of this case did not have reached an agreement or complete recovery from damage up to now. Considering the various circumstances of the defendant, the court below's decision on the sentencing guidelines (general fraud, types 1 (less than 100 million won), basic area (less than 6 months to 1 year and 6 months), embezzlement, types 1 (less than KRW 100 million), mitigation area (less than KRW 10 million), majority crime processing period: six months to 10 months), majority crime processing period, and the minimum limit of the crime of this case, which is about 42 million won; the victim's motive and circumstance that the court below did not have any special reasons to reduce the defendant's punishment; the defendant's new punishment in this case; the defendant's circumstances and circumstances that did not have any kind of change in mind and circumstances after this case.

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