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 one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal - The lower court’s imprisonment (six months of imprisonment) is too heavy.

2. The crime of this case is the case where the defendant purchased a sofacsium with a loan from the victim and provided the above sofacsium as security to the victim, but he did not complete the loan and arbitrarily disposed of the above sofacium.

The damage suffered by the victim due to the crime of this case is not less than 30 million won and the quality of the crime is not less than that of this case.

However, the Defendant recognized all of the instant crimes, and is detained for a period of not more than three months, and the Defendant repented and reflected the mistake.

When the defendant is in a trial, the defendant expressed his intention that the victim does not want the punishment of the defendant by mutual consent.

The fact that the defendant has no particular criminal history, in addition to the one-time fine, is favorable to the defendant.

In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.

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

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances among the grounds for reversal of the judgment above)

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of embezzlement and breach of trust]. The embezzlement and breach of trust [the type 1] is less than KRW 100 million (the person specially punished].