The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant, as a person in charge of the financial affairs of the victim “C”, embezzled membership fees of 59 million won or more for personal purposes. Considering that the amount of the instant embezzlement is not small, the period of embezzlement is long, consumption is not good, and most of the embezzled money is not recovered from damage, the Defendant should be punished with strict punishment.

However, in full view of all the circumstances, including the fact that the defendant was punished three times by a fine due to the violation of the Labor Standards Act, there is no other penalty, the fact that the defendant partially repaid the amount of embezzlement at the time of the trial, and the character, conduct and environment of the defendant, the circumstances and results of each of the crimes of this case, and the circumstances after the commission of the crime, etc., the punishment imposed by the court below is deemed unfair, and thus, the above argument by the defendant is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;