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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. Even if the Defendant agreed to use the loan with the victim for the restoration work of the building in the aquaculture, he withdrawn the money and embezzled it by personal use at the time of the deposit of the loan. The sum of the embezzled money reaches KRW 113,381,00,000, and the victim did not repay the damage by the lapse of several years in light of the circumstances of the crime and the degree of damage, etc., the crime and the degree of damage are inferior, and the arrest after a considerable period of time has elapsed after the escape after the crime was committed is disadvantageous to the Defendant.
However, there are extenuating circumstances, such as the fact that the defendant confessions and reflects the crime, the fact that the defendant suffered considerable economic damage due to heavy snow, the fact that the crime is committed, the fact that there is no record of criminal punishment or criminal punishment heavier than that of the same crime, and the fact that there
In full view of the aforementioned various circumstances, including the Defendant’s age, character and conduct, the motive and consequence of the instant crime, the means and consequence of the instant crime, as well as the various sentencing conditions indicated in the instant case, the lower court’s punishment is too unreasonable.
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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;