The part of the defendant's case in the judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. Summary of grounds for appeal;

A. The sentence of imprisonment of the first instance court on the part of the defendant's case (three years of imprisonment) is too unreasonable.

B. It is not reasonable to issue an order for compensation on the grounds that the defendant, in the part of the application for a compensation order, has partially reimbursed the amount of damage, but the scope of liability for compensation is not clear as a dispute between the applicant for compensation and the applicant for compensation, and therefore, the part of the application for a compensation order

2. Determination:

A. As to the part of the defendant's case, the crime of this case was committed in collusion with accomplices by the defendant without permission by withdrawing the victim's casino custody amount of 8,060,000 won (Korean Won KRW 1,34,3520,000) from the victim's casino custody, and embezzlement of it with gambling funds, and the nature of the crime is not weak in light of the amount of damage, etc.

The damage recovery was not performed properly.

However, in light of all the circumstances, including the Defendant’s age, character and conduct, occupation and environment, family relationship, relationship with the victim, motive, means and consequence of the crime, etc., the sentence imposed by the first instance court is too unreasonable in view of the following circumstances: (a) the Defendant has no criminal history in Korea; (b) the victim transferred the funds of this case to the Defendant; (c) the victim was a tool for casino gambling in Korea with money exceeding the amount that could have been transferred from China to a foreign country; (d) the Defendant was drafted by an agreement between the Defendant and the victim; and (e) the victim wanted to have the Defendant’s wife; and (e) the Defendant’s age, character, occupation and environment, occupation and environment, family relationship, relationship with the victim, motive, means and consequence of the crime

Therefore, the defendant's argument is justified.

B. According to the evidence duly admitted and examined by the first instance court on the part of the application for remedy order, the Defendant remitted the above proposal to F, which was partially borne by the Defendant, of KRW 8,660,000 (Korean Won KRW 1,34,520,000), out of the casino custody amount of KRW 8,060,00 after the instant case.