The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The Defendant concluded a lease contract with respect to the machinery owned by the victimized company, the market price of which is equivalent to KRW 1.30 million, and accepted and embezzled the said machinery to the creditor by disposing of it as a substitute payment. As such, even if the Defendant failed to pay monthly rent from December 2, 2015 and received the notice of termination notice from the victimized company, the Defendant is not subject to the Defendant’s liability in light of the circumstances leading up to the embezzlement, etc.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant violated the Road Traffic Act; and (c) there was no previous conviction except that the Defendant was fined twice due to the Defendant’s violation of the Road Traffic Act; and (d) the Defendant faithfully paid the monthly rent for two years during the agreed three-year lease contract period; and (b) the market price at the time of the said machinery disposal was deemed to have been less than KRW 100 million; and (c) the Defendant compensated the victimized company for damages and agreed smoothly at the trial; and (d) other various conditions of sentencing as indicated in the instant records and changes theory, such as the Defendant’s age, sex, and environment, the sentence imposed by the lower court is somewhat unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing criteria [the scope of the recommended sentence] shall be one type (the amount less than 100 million won).