The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. We also examine the argument of unfair sentencing by the defendant and prosecutor.

Although the Defendant committed a crime such as fraud, embezzlement, etc., even though he was sentenced to a suspended sentence, again committed a property crime such as this case, and the Defendant has been embezzled, so a serious warning is required against the Defendant.

However, in light of the fact that the Defendant was committing the instant crime, the Defendant recovered part of the amount of damage at the lower court, and deposited all the remaining amount of damage in the trial, and the Defendant thought that there was money to be paid from the victimized Company, and the circumstance seems to be somewhat and completely considering the circumstances leading to the instant crime. In addition, considering the Defendant’s age, environment, character and conduct, the lower court’s sentence, which sentenced the Defendant, seems to be unreasonable.

Therefore, the defendant's assertion of unfair sentencing pointing this out has merit, and the prosecutor's assertion of unfair sentencing on a different premise is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(A) Article 369 of the Criminal Procedure Act does not apply to cases where an appeal by a prosecutor is accepted but the original judgment is reversed). (The reasons why the appeal by the prosecutor is dismissed)

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;