The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s crime of this case is deemed to have obtained, embezzled or embezzled gift certificates exceeding KRW 120,000,00 in total repeatedly over a long-term period of time, and the nature and circumstances of the crime are very serious.

In addition, the Defendant continued to commit the crime even though the above embezzlement was discovered on August 2013 and there was a vow that the Defendant would not repeat the crime against the victim. Considering these circumstances, it is necessary to strictly punish the Defendant.

However, in full view of the following: (a) the Defendant fully repaid the amount of embezzlement or defraudation when the Defendant was in the first instance trial; (b) the primary offender who has no record of crime; (c) the Defendant appears to have an opportunity of reflectiveness through the life of confinement close to three months; and (d) other various conditions of sentencing indicated in the records of this case, such as the Defendant’s age and sexual conduct, the sentence imposed by the lower court is somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act ( comprehensively including frauds), Articles 356 and 355(1) ( comprehensively including the occupation and use of occupational embezzlement) of the Criminal Act, and each choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);