The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

2. The fact that the Defendant recognized the instant crime and made a mistake against the Defendant, that the Defendant did not have any criminal record exceeding the same criminal record or fine prior to the instant crime, and that the equity with the case where the instant crime and the final judgment violate the Punishment of Violences, etc. Act (joint injury) should be considered at the same time, is favorable to the Defendant.

On the other hand, as of January 25, 2008, when the victim terminated the lease contract and demanded the return of the leased vehicle, the amount to be returned to the victim by the defendant as of January 25, 2008 is given to KRW 42,867,115, and the defendant did not agree with the victim or paid damages to the victim up to the trial, and the fact that there is no special change

In addition, the defendant's age, character and conduct, environment, background and result of the crime of this case, all of the sentencing conditions in this case, including the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court's sentencing committee [decision of type] and the basic area of embezzlement crime of less than KRW 100 million [the scope of recommending punishment] [the scope of recommending punishment]: The court below's punishment is too unreasonable in light of the defendant's age, character and conduct, environment, circumstances after the crime of this case, etc.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.