The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The Defendant, who had been on duty for the victim, arbitrarily consumed the purchase-price of a secondhand car (total of KRW 67.7 million) that was kept in custody for the victim on four occasions, and is not subject to the liability for such crime.

However, in full view of the following factors: (a) the Defendant recognized the instant crime, the first offender, the agreement with the victim in the trial; (b) the wife and the child to be supported are economically difficult; (c) the Defendant’s age, sex behavior, environment, etc.; and (d) the various conditions of sentencing as indicated in the record and the theory of change, the sentence imposed by the lower court is unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] that there is no type 1 (less than 100 million won) (the scope of the recommended punishment] (the scope of the recommended punishment from April to April);

2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.