The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The crime of this case, while the defendant kept the victim's money in his/her name in his/her deposit account, is not sufficient to commit the crime of this case. The amount embezzled by the defendant is large amount, there is no explanation on the details of the use, and the victim's damage has not been recovered until the trial.

On the other hand, the fact that the defendant is divided into and against his mistake, that the defendant has reached an agreement with the victim during the trial, that the victim was not punished against the defendant, that the defendant's reason why the defendant kept the embezzlement of this case was by the victim's request to avoid collection from his creditors, that the transfer was made by the victim's request, and that the remittance was made by the victim's order, and that the defendant was investigated by the investigation agency, the defendant would have caused the crime of this case in the course of trying to commit the crime of this case, that the defendant was not well aware of his domestic legal system from his Chinese shipbuilding, that there was no criminal power other than the punishment of a fine under the Foreign Exchange Transactions Act, and that the defendant raises his child under his age, which was favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. If so, the defendant's appeal is to be raised.