The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service order) is too unreasonable.

2. The following are the circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) at the same time when the judgment became final and conclusive on May 4, 2012, the Defendant should take into account the case of punishment for fraud, etc.; and (c) the Defendant was punished for embezzlement against the fact that the instant machine sold to the victim.

In addition to the mechanical costs of this case between the victim and the defendant, it is not deemed that the damage had been fully recovered as alleged by the defendant. However, even according to the victim's assertion, more than KRW 27 million has been repaid out of the amount of damage. Considering the motive and circumstance of the crime of this case, circumstances after the crime was committed, Defendant's age, personality and conduct, and various circumstances that are the conditions of sentencing specified in the records and arguments of this case, including the records and arguments, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.