The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Although, in light of the amount of embezzlement and the period of embezzlement, etc., the criminal liability of the defendant is not minor, in full view of the following factors: (a) the defendant recognized the crime of this case and is against the living under confinement; (b) the defendant agreed smoothly with the victim; (c) there was no record of criminal punishment for the same kind of crime; and (d) the criminal punishment for other crimes similar to the crime of this case is equitable with the criminal punishment for other crimes of this case; and (b) other conditions of sentencing as shown in the records and arguments of this case, such as the defendant’s age, character and conduct, the motive and circumstance of the crime of this case; and (c) the circumstances after the crime, the court below’

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 365 of the Criminal Act, Articles 365 and 355 (1) (generality) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

2. Article 62 (1) of the Criminal Act ( normal consideration in favor of the reason for reversal).