The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

The crime of this case is an unfavorable circumstance to the defendant, such as that the defendant arbitrarily embezzled the partner's money by taking advantage of the victim's trust relationship, and the nature of the crime is inferior, and that the amount embezzled by the defendant exceeds 20 million won, and the amount of damage is not considerable.

However, in full view of all the circumstances, such as the fact that the defendant was found to have committed an offense, and agreed upon through civil conciliation with the victim, and the full amount of the amount agreed upon in the conciliation procedure is paid to the victim. In full view of all the circumstances, such as the fact that the victim appears to have been recovered most of the actual damage, criminal punishment power exceeding the fine for the last thirty years, or criminal records of the same kind of crime, etc., the sentence imposed by the court below is too unreasonable and thus, it is necessary to re-determine

3. Although the prosecutor's argument of unfair sentencing is without merit, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed and the following decision

(Inasmuch as the original judgment is reversed, the prosecutor's appeal shall not be dismissed separately). [Judgment which is written] The criminal facts and summary of evidence recognized by the court, and the summary of evidence, are as follows: (a) except for the case where "1. partial statement of the defendant" in the summary of evidence is applied to "1. the defendant's original trial statement" and "the defendant's original trial statement" in the summary of the evidence, it

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act and all the conditions of sentencing indicated in the record are also attached to the provisional payment order.