The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence of the lower court (ten months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime on the grounds of appeal is to punish the Defendant in light of the following: (a) the Defendant sold real estate under a title trust from the victim D without permission and embezzled the real estate amount of KRW 220 million; (b) by threatening the victim N or M, he/she received a total of KRW 14.9 million from the said victims; (c) the Plaintiff’s hospital operated by the victim D has damaged goods worth KRW 250,000 in total; and (d) multiple have repeatedly committed multiple crimes; (b) the amount of damage caused by the embezzlement and the criminal conduct is large amount; and (c) the Defendant has not been agreed with the victims until the trial.

However, when the defendant was found to have committed the crime of this case for the first time, his depth is divided, and there is no record of punishment heavier than the punishment or fine for the same crime, damage to property is small, the defendant deposited KRW 5,00,000 for the victim D in the trial, due to the treatment of himself, etc., there are circumstances that may be taken into account in that the defendant committed the crime of this case as a result of conflict with the victim D, and the defendant's family members want to prevent recidivism, and the defendant's prior wife's age, character and behavior, environment, the circumstances leading to the crime of this case, the means and result of the crime of this case, and other various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case such as the situation before and after the crime of this case are considered to have been committed. Thus, the defendant's argument of unfair sentencing is unreasonable because the court below's punishment is too unreasonable.

3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed and pleadings are made in accordance with Article 364 (6) of the Criminal Procedure Act.