The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is disadvantageous to sentencing, including the fact that the defendant committed the crime of larceny of this case and the crime of fraud by use, such as computer, etc. in his office where he had been on his own, and the nature of the crime is poor, and the defendant had a record of criminal punishment, such as punishment, by setting aside the same kind of crime and the two types of crimes. However, considering all the circumstances, including the defendant's age, character and behavior, environment, family relationship, circumstance of the crime and circumstances after the decision of the court below, including the defendant paid the victim the full amount of damages and agreed with the victim after the decision of the court below, the defendant's punishment of this case is too unreasonable, and the defendant's assertion is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;