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 one year from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In the instant case, in light of the fact that the Defendant embezzled the victim’s property or acquired the property from the victims, and that the nature of the crime is not weak, that is the previous and considerable amount of damage (the amount of embezzlement 48750,000 won, the amount of defraudation 226 million won), etc., the Defendant shall not be held strictly liable to the Defendant.

B. Meanwhile, there are favorable circumstances to consider, such as the following: (a) the Defendant was not subject to a sentence; (b) the Defendant was led to the confession of the offense; and (c) the victims were not subject to punishment for the Defendant; (d) the Defendant’s children were diagnosed by the malicious life of the aftermacy; and (e) the Defendant’s wife was the Defendant’s wife.

In addition, considering the Defendant’s age, living environment, motive, details and consequence of the crime, and all of the sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 355(1) of the Criminal Act (the point of fraud) and the choice of punishment for the crime, each of the choice of imprisonment with prison labor;

1. Judgment among concurrent crimes, which is the largest punishment and circumstances provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act;

2.(b)

(1) The penalty prescribed in the crime of fraud

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;