A defendant shall be punished by imprisonment with prison labor for four months.

However, for a period of one year from the date this judgment becomes final and conclusive.

2. The Defendant, while taking charge of the financial affairs of the victimized person, embezzled membership fees remitted by members of the victimized person, and is not good to commit the crime and to commit the crime.

However, the defendant did not have any record of punishment for the same crime, and at the time of the crime, the defendant agreed with C who paid the embezzlement money to the victim as the president of the association of the victim at the time of the crime, and C decided that C was the preferred action against the defendant.

In addition, the lower court’s punishment is deemed to be unfair due to the excessive disregard of circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime.

Therefore, the defendant's improper argument in sentencing is acceptable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

Criminal facts

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

Application of Statutes

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, with respect to the relevant Articles of the Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;