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 two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The grounds for sentencing unfavorable to the Defendant are the following: (a) the Defendant did not agree with the victim D and E even until the Defendant was in the trial; and (b) the Defendant had a criminal record of having been sentenced to criminal punishment, such as suspended sentence, for the same kind of crime,

However, in full view of all the circumstances, such as the Defendant’s confession and reply to the instant crime, the Defendant’s embezzlement amount is difficult to view that there is much amount of money embezzled by the Defendant, the agreement with the victim I was reached in the trial, and the Defendant was detained for more than three months, and the Defendant was detained for more than three months, and the Defendant’s age, character, character, environment, occupation, circumstance and details leading to the instant crime, and circumstances after the commission of the crime, etc., the sentence of the lower court is unreasonable.

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 355 (1) of the Criminal Act (the point of embezzlement), the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (in consideration of the aforementioned circumstances);

A. Type 1 (Determination of Punishment) of Embezzlement Embezzlement 1 (Decision of less than 100 million won) [Determination of the recommended area] Basic Field [Scope of Recommendation] from April to one year and four months [whether suspended sentence is suspended] Major reasons: The scale of substantial damage is considerably significant.