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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding (the embezzlement as stated in the judgment below 2-A of the crime No. 2-1 of the crime of the court below) was seized on the vehicle upon request for sale by the victim E, and according to an agreement with the above victim, the defendant paid approximately KRW 9.5 million in her own expense and released the seizure. As such, approximately KRW 9 million out of 16.5 million in her embezzlement should be excluded.
B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2. Determination ex officio, the part of the charge No. 2-A of the charge of this case that "after selling the above car at KRW 16,50,00,00, the prosecutor embezzleds it for personal use, such as gambling fund, etc. in the vicinity of Daejeon at around that time, after selling the above car at KRW 16,50,000, and then receiving the above money from the purchaser, the prosecutor applied for changes to the bill of amendment of the charge that "after selling the above car at KRW 16,50,00,00, the part of the charge of this case was embezzled for the above 6,94,070 won, excluding the local tax 9,555,930 won in arrears, paid to the purchaser to release the seizure set forth in the above car, and then, the judgment below was modified by permitting this. Thus, the judgment below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
【The reason for the judgment to be used again] The criminal facts acknowledged by this court are as follows: “After selling the said vehicle in KRW 16,500,000, the Defendant embezzled the said money for personal use, such as gambling funds, in the vicinity of Daejeon, while receiving the said money from the purchaser.”