The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence of the lower court against the accused (one year of imprisonment) is too unreasonable.

2. It is inevitable to sentence the Defendant as a sentence because the size of the embezzlement of judgment is not small;

However, considering the following: (a) the Defendant’s confession of the crime for the first time in the trial; (b) repayment of KRW 20 million to the Korea Credit Guarantee Fund, which was held liable to guarantee the Defendant’s liability for the instant crime; and (c) the complainant does not want the punishment by mutual consent with the complainant; (d) the accused does not have any previous conviction; and (e) the Defendant’s age, character and conduct, environment, circumstances leading to the crime; and (e) the means and consequence of the crime; and (e) various conditions of sentencing, such as the circumstances after the crime

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 summary of the evidence recognized 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. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;