2. The judgment follows: (a) the Defendant recognized the instant crime and against his mistake; (b) the Defendant was the primary offender; and (c) the Defendant partially damaged the victim; and (d) the circumstances favorable to the Defendant.

However, the court below seems to have determined the punishment in consideration of the circumstances favorable to the defendant, and there is no change of circumstances that may be considered such as the remaining damage compensation or the agreement with the victim, etc. The crime of this case is committed by the defendant using a trust relationship with the victim and by embezzlement of property that belongs to the victim and was in custody for the victim, and the total amount of damage has not reached 53 million won and has not yet been recovered, and other various sentencing conditions in the records and arguments, such as the defendant's age, family environment, situation before and after the crime, etc., are considered as being too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.