The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In light of the fact that the Defendant’s embezzlement amount is about 48 million won, the above circumstance constitutes a new change in circumstances that should be viewed differently from the original judgment in determining the sentencing of the Defendant in the first instance.

Accordingly, considering the fact that the defendant shows the attitude of reflecting the crime of this case in a net manner, the fact that the state of health has not improved due to suffering from the heart background, the fact that there is no record of criminal punishment exceeding the same kind or fine, and other conditions of sentencing as shown in the records and changes theory of this case, such as the defendant's age, sex, family relation, motive, means and result of the crime, the punishment imposed by the court below is too less somewhat somewhat weak than that of the defendant.

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 well-grounded, and the decision is rendered again as follows (as long as the judgment of the court below is reversed by accepting the defendant's appeal and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately)

Application of Statutes

1. Relevant Article 355 of the Criminal Act and Article 355 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;