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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. According to the circumstances such as the fact that the defendant embezzled a considerable amount of damage, committed a crime over a long time, used his/her status as a member of a clan, and consumed the amount of damage for personal reasons, such as living expenses, etc., it is reasonable to punish the defendant strictly.

However, there are also circumstances that can be considered, such as the fact that the defendant made efforts to recover damage by depositing part of the amount of damage, the fact that all the crimes of this case are committed, the fact that there is no record of punishment for the same kind of crime, and the fact that the victim is not wanting to be punished by the victim by agreement with the victim in the appellate trial.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the lower court’s punishment is somewhat inappropriate in light of all the sentencing conditions indicated in the records, such as the circumstances after the crime.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act ( considered the favorable circumstances in the preceding);