The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The amount of embezzlement is a large amount of KRW 360 million up to KRW 250 million.

On the other hand, the following conditions are favorable.

In the first instance, it was agreed with the victim and restored the damage.

The substantial damage that can be confirmed through the settlement of the crime caused by the continuous transaction with the victim is not relatively much severe.

In the past, confession is made and the mistake is against the law.

There is no record of punishment for the same crime.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., various sentencing conditions as shown in the instant records and arguments, and the scope of recommending sentencing guidelines, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence, as stated in the corresponding column of the judgment of the court below, are the same as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;