The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court to the accused (two years of imprisonment) on the summary of the reasons for appeal is too unreasonable.

2. The fact that the amount of damage caused by the instant crime was a large amount of KRW 580 million, and that the damage was likely to have occurred due to the delay in the recovery of damage caused by the instant crime for not less than five years, the mental suffering of the victim was considered as disadvantageous to the Defendant.

However, it appears that the defendant had an attitude to reflect his mistake in depth, and that the defendant repaid to the victim an amount equivalent to KRW 150 million up to the original trial, and that the victim paid an additional amount of KRW 130 million to the victim when he paid an additional amount of KRW 100 million to the victim, and provided a detailed repayment plan and security for the remainder of KRW 300 million to the victim, and provided the victim with an intent that the victim would not want the punishment for the defendant, and that there is no record of criminal punishment exceeding the same kind of crime or fine, etc. in favor of the defendant, etc.,

In addition, the defendant's age, character and conduct, environment, motive and circumstances leading to the defendant to the crime of this case, circumstances after the crime, etc., and the scope of recommended sentences (one year and six months to three years of imprisonment) according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case / [decision on types of embezzlement and breach of trust], Type 3 (at least five hundred million won to five billion won) [Special Sentencing] mitigated factors: None of the increased factors of punishment: [Limits of recommended punishment] There is no increased factors of punishment: [the scope of recommendation] 1 year and six months to three years from six months from the date of imprisonment, major pride reasons for the reasons for the suspension of execution: Recovery of significant damage, in consideration of the reduction of punishment, the above sentence imposed by the defendant was too changed in the sentencing conditions in the trial as seen earlier.

3. Accordingly, the Defendant’s appeal is with merit.