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 three years from the date this judgment became final and conclusive.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have been embezzled by consuming KRW 100 million, which the defendant kept from the victim as a G deposit, for other purposes.

However, the defendant recognized all of his errors, and again did not distort such errors, and agreed with the victim prior to the pronouncement of the judgment of the court below, and the victim received KRW 73 million from the defendant and again wants the defendant's wife once again.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., and the circumstances after the offense, the lower court’s sentencing is too unreasonable.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The sentence shall be determined as ordered prior to the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2