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

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced is too unreasonable (one year of imprisonment).

2. The crime of this case is acknowledged that the Defendant: (a) filed a lawsuit claiming a promissory note with respect to a promissory note with a total face value of KRW 235 million, which the Defendant possessed by the victim, and returned its salt to the victim; (b) embezzled such salt by arbitrarily using KRW 215 million in salt; (c) the amount of embezzlement is high; and (d) the Defendant did not reach an agreement with the victim up to the trial.

However, it appears that the defendant has agreed to receive an amount equivalent to the above winning amount from the injured party ( currently pending trial of Suwon District Court Decision 2017 was 6891). The defendant remitted 30 million won to the bank account of the injured party to recover damage in the trial of the injured party. Each crime of the judgment of the court below and the crime of the case of this case in the concurrent relation of the group after Article 37 of the Criminal Act shall be considered as favorable circumstances to the defendant, and the punishment should be imposed at the same time in consideration of the case of concurrent crimes of the group after Article 37 of the Criminal Act and equality. In full view of other circumstances, considering the defendant's age, sex, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment of the court below is unfair by taking into account all the circumstances that form the conditions for the argument of this case and the judgment in the record of the crime.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Re-written judgment] The facts constituting an offense and summary of the evidence acknowledged by the court and the summary of the evidence are as follows: (a) the summary of the evidence is as stated in the corresponding column of the judgment of the court below in addition to adding “1. Defendant’s own court testimony” to the first head column of the evidence (Article 369 of the Criminal Procedure Act).