The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Summary of Grounds for Appeal

The sentence of the court below (one year of imprisonment) is too unreasonable.

Judgment

The crime of embezzlement of this case is deemed to have embezzled the money kept by the defendant for the victim in the opportunity to perform his duties, and the nature of the crime is deemed to be significant. However, the defendant is deemed to have made a confession and reflect all of the crimes of this case, and the defendant has agreed smoothly with the victim of the crime of embezzlement of this case when considering all the sentencing conditions, including the fact that there is no record of the same crime, the age, character and conduct of the defendant, environment, and circumstances after the crime, etc., the court below's punishment is deemed to have been excessively unreasonable. Thus, the defendant's argument is reasonable.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows, except where "the defendant's partial statement" in the summary of the evidence written in the original judgment is used as "the defendant's legal statement", and thus, it is identical to the corresponding column of the original judgment. Therefore, it is cited as it is in accordance with Article 369

Application of Statutes

1. Article 49 (1) 10, Article 33 subparagraph 3, Article 32 (3) of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions concerning Facts constituting an offense, and Article 355 (1) of the Criminal Act (the point of receiving money in excess of legal fees, the choice of imprisonment), Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the court has agreed with the victim of the crime of embezzlement in the first instance);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;