A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

2. The fact that the amount the defendant received is about 56 million won, and the fact that there is not yet agreement with the victim is unfavorable to the defendant, but the defendant recognizes all the crimes of this case and reflects his mistake, considering the content of the agreement between the defendant and the victim, it seems that the actual damage of the victim company is less than the amount the defendant received, the defendant has no record of being punished or sentenced to suspended execution or heavier punishment before, the defendant has no record of being supported by the same crime, there is a family member to support the defendant, and there is an economic difficult situation. In light of the fact that the long-term community service work seems to be a serious obstacle to the living of the defendant, and other various circumstances are considered, the sentencing of the court below is inappropriate because it is somewhat inappropriate.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);