The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The punishment of the court below (two years of suspended execution for six months of imprisonment, two years of community service order, and 120 hours of community service order) is too heavy in consideration of the fact that the defendant confessions and reflects the gist of the grounds for appeal, the repayment of a considerable amount of damages, and the defendant's health condition.

2. The amount of the embezzlement of this case did not amount to KRW 40 million and did not reach an agreement with the victim up to the trial.

Meanwhile, in full view of all the circumstances, including the Defendant’s confession and mistake, the Defendant was in the workplace cancer at the time of committing the instant crime, and part of the embezzled money appears to have been used at his own hospital’s expense; the Defendant appears to have a very good health condition; the Defendant is endeavoring to recover damage by paying out KRW 8.5 million at the lower court’s trial; the Defendant has no criminal record exceeding the same criminal record or fine; and the Defendant has no criminal record beyond the same kind of punishment; the Defendant’s age, character and conduct, family relation, motive, means and consequence of the instant crime; and the circumstances after committing the crime, etc., which are the sentencing conditions specified in the instant records and arguments, the lower court’s punishment is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances of the grounds for reversal);