The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

2. The judgment of the court below is acknowledged that the defendant's primary crime is the defendant's violation of his/her own mistake, etc., but it is found that the defendant's punishment is unfair because it is too unreasonable in full view of all the circumstances, such as the defendant's age, character and conduct, motive, means and consequence, the circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, considering the following factors: the defendant's duty to manage the company operated by the victim was low trust with the victim and embezzled about about about 90 million won and the nature of the crime was poor; the amount of the damage that has not been repaid to the court below up to the trial was sentenced to a suspended sentence for the reason that the defendant is in front of his/her childbirth; the defendant's name also appears to have no intention to pay the above damage; the victim is the victim's severe punishment; and the defendant's age

Therefore, the prosecutor's above assertion is justified.

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

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 provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts (a comprehensive imprisonment, with prison labor for each victim);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;