The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The instant crime was committed by the Defendant from around 2009 to around 2016, when he embezzled approximately KRW 410 million of the funds of a social welfare foundation in charge of accounting affairs over a total of 464 times, and the Defendant forged the details of the passbook transaction in the name of a financial institution in order to conceal it, and thus, the crime was very poor in light of the period of crime, its methods, the amount of damage, etc., and the fact that a considerable portion of the amount of damage has not been recovered until now.

However, in the course of the above crime, the defendant returned a part of the amount to the victim, and the actual amount of damage is about KRW 100 million, and the Seoul Guarantee Insurance Co., Ltd., which the defendant bears the obligation to claim compensation at the court below, paid KRW 10 million to the victim, and returned the victim a sum of KRW 4.5 million per month until the defendant is detained, and additionally deposited KRW 10 million in the court below, and the victim wanted to have the defendant's wife against the purport that the victim does not want the punishment again until the trial is held, and the victim wanted to have the defendant's wife, is faithfully repaid in accordance with the repayment plan submitted by the defendant, and is the first offender.

In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, so it is in accordance with Article 369 of the Criminal Procedure Act.