The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The sentencing of the court below (one year and two months of imprisonment) is too unreasonable.

2. The judgment of the court below is deemed to have large amount of KRW 200 million, but the defendant seems to have sufficiently reflected his mistake through the prison life for about seven months, and the victim and the victim have been smoothly agreed to pay the damage to the victims, and the case and equity should be considered at the same time with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), which is in the latter concurrent crime of Article 37 of the Criminal Act. In addition, considering the defendant's age, character and behavior, environment, motive and background leading to the crime of this case, method and consequence of the crime, and the circumstances before and after the crime, etc., the judgment of the court below is too unreasonable.

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. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered for repeated consideration of favorable circumstances among the grounds for reversal of the above judgment);