The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to sentencing in the trial of a political party are most existing in the trial of the lower court.

Although the Defendant, at the trial on November 29, 2018, remitted KRW 2 million to the victim C of the crime of occupational embezzlement from the trial on November 29, 2018, the above remittance cannot be deemed as a change in the circumstance to the extent of changing the sentencing in light of the amount of damage, method of the crime, and the time of repayment.

The circumstances favorable to the defendant include: (a) it appears that the defendant recognized the crime of this case and is against the defendant; (b) there is no record of punishment of suspension of qualification or heavier punishment; and (c) it appears that there is a minor child who needs to support the defendant.

However, the crime of this case is committed within the company of the defendant who is engaged in lending and collecting money.