The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Summary of Grounds for Appeal

The sentence of the lower court (two years and six months in prison) is too heavy or unreasonable.

Judgment

The scope of recommendations according to the sentencing guidelines [the decision of a type] to the extent of punishment [the person who has been specially raised] to five billion won and less than five billion won [the amount of punishment]: Reduction area of punishment [the scope of recommendation] mitigation area, one year and six months to three years [the suspension of execution] major reasons for negative consideration: The principal positive reasons for the same criminal records (not less than a five-year suspension of execution): The crime of this case in which the victim requested the defendant to return the money against the defendant, but was rejected from the defendant, the defendant filed a civil suit seeking the return, and the defendant withdrawn all of the money in order to avoid execution; the defendant arbitrarily used money exceeding 200 million won to the church for personal purposes; the defendant has already embezzled money to the church for reasons that it is difficult to obtain it thereafter; the defendant again received money from the victim of this case while he was sentenced to suspended execution, and the defendant again received money from the victim of this case to withdraw money from the victim of this case without his own discretion, and the defendant could not withdraw it from the list of this case in advance.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognizes all of his crimes, and the victim's clan does not want to punish the defendant, and in particular, the defendant has completed the registration of transfer of ownership in the name of the family members of the victim's clan in order to recover damage to the victim's clan in the trial.

The age, age, and age of the defendant.