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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (for four months of imprisonment and one year of suspended execution) is too unreasonable.
2. Although the Defendant had a history of criminal punishment several times for the same crime, the Defendant committed the instant embezzlement at the same time; the Defendant given reimbursement of KRW 3 million out of the amount of the instant embezzlement to the victim C at the investigation stage of the instant case; however, the said amount is less than the total amount of damage; the victim’s remainder is not yet recovered up to the extent of damage; and in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., it is difficult to deem that the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.