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 is unreasonable since the punishment (ten months of imprisonment, two years of suspended execution, and eight hours of community service order) imposed by the court below against the defendant is too unfasible.

2. The fact that the judgment defendant reflects his mistake and has no penalty power exceeding the fine is favorable to the defendant.

However, in full view of the circumstances unfavorable to the Defendant and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, such as embezzlement of approximately KRW 30,000,00 for a period exceeding one year, and the Defendant did not make a serious effort to recover damage to the victim, etc., the sentence imposed by the lower court is too unreasonable.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 356 of the Criminal Act, Articles 355(1) and Article 355(1) of the Criminal Act, the decision of punishment as ordered shall be made in consideration of the various circumstances, examining prior to the reason for sentencing the choice of imprisonment with prison labor,