The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Defendant embezzled 95 mobile phones worth KRW 85,201,60 in total market value of the victim’s possession, but the nature of the crime is inferior, but the Defendant has been detained for a considerable period of time, and the Defendant has reached an agreement with the victim during the trial, the Defendant has no record of the same crime, the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and all of the sentencing conditions as shown in the arguments in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

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