The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, from the final date of this judgment.

1. The court below found the victim B not guilty of embezzlement among the facts charged in the instant case and found the remainder of the facts charged.

Therefore, since only the Defendant appealed on the guilty portion of the lower court on the ground of unreasonable sentencing, the aforementioned acquittal portion was excluded from the appeal subject to separation and determination.

Therefore, the scope of this court's trial is limited to the remaining convictions except the aforementioned separately and finally found innocences.

2. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (six months of imprisonment) is too unreasonable.

3. The amount of the instant embezzlement is not so much significant and the responsibility is not minor in light of the circumstances.

However, there is no particular criminal power except for the accused's previous conviction of a fine on one occasion in 2003.

In the trial, the defendant agreed with some victims, such as payment of KRW 10 million to G et al. delegated by some victims.

Considering such circumstances and various conditions of sentencing as indicated in the instant argument, the lower court’s punishment is unreasonable.

Therefore, the defendant's argument is justified.

4. As such, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to the facts constituting the offense against the defendant recognized by the court and summary of evidence, and thus, the summary of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. In the determination of the grounds for appeal on the grounds of sentencing of Article 355(1) of the Criminal Act and Article 62(1) of the Criminal Act, the pertinent provision of the relevant criminal facts, the choice of a sentence, and the suspension of the execution of imprisonment with prison labor, the punishment shall be determined as ordered in light of the above circumstances