The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the amount embezzled by the Defendant was not recovered from a large amount of damage (the damaged company is not likely to recover damage upon the completion of liquidation in around 2008); and (b) the immediately escape from Korea after the crime is committed; and (c) the sentence of imprisonment to the Defendant is inevitable.

However, considering the fact that the defendant is the first offender, the fact that the defendant is recognized as committing the crime, the fact that there is no actual benefit acquired by the defendant, the agreement was reached with the former representative director and the liquidator of the victimized company, the fact that the defendant contributed a total of 20 million won to social welfare organizations in lieu of recovery of damage in the trial, and other various sentencing conditions in the records, such as the defendant's age, sex, environment, health conditions, etc., the punishment imposed by the court below against the defendant is judged to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The defendant's appeal is dismissed.

Application of Statutes

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;