The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment and two years) of the lower court’s sentence (e., imprisonment and six months) is too unreasonable.

2. Although there are extenuating circumstances such as the sum of the amount of fraud and the amount of embezzlement in this case and the amount of the embezzlement is a large amount of 500 million won, it is determined that the sentence of the court below is too unreasonable as a result, in view of the following factors: (a) the Defendant was in the first instance trial and recognized the instant crime; (b) the Defendant deposited KRW 291,423,00 for the victim of the fraudulent crime and actually recovered from the damage caused by the fraud; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; (d) the circumstances after the crime; and (e) the criminal records.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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 356 and Article 355(1) of the Criminal Act, Article 30 of the Criminal Act, Article 347(1) of the Criminal Act and Article 347 of the Criminal Act, the choice of imprisonment for a crime

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 (Consideration favorable circumstances in the front);