The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (five months of imprisonment) is too unreasonable.

Judgment

The defendant deposited KRW 2,00,00 for the victim at the time of the trial, and deposited approximately KRW 2,90,000 from May 201 to November 201 to deposited into the account of the victim, and the fact that there is no record of punishment for the same kind of crime is favorable.

However, the Defendant agreed to operate a static point in the same business with the victim to distribute profits, received KRW 20 million from the victim as a security deposit, and embezzled them at will. In full view of the unfavorable circumstances such as the nature of the crime is bad, the fact that there is no agreement with the victim, etc., and other unfavorable conditions such as the Defendant’s age, character and conduct, circumstances after the crime, etc., and other conditions of sentencing as indicated in the records and arguments of this case, and the scope of recommended sentencing guidelines (one to one year and four months), it cannot be deemed that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.