The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Determination of whether the Defendant repeatedly embezzleds membership fees kept in his/her office as a bypassing president for a long time, and used the embezzlement in stock investment, gambling, etc., the nature of the crime is heavy.

The amount embezzled by the defendant is also large.

The defendant did not agree with the victim so that he/she would be faced with the trial.

However, since the defendant paid approximately KRW 23 million to the victim for the first time, it is necessary to consider this in sentencing.

The defendant is only one-time criminal conviction, and there is no other criminal punishment, and he/she is a family member to support the defendant.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. As seen in the relevant legal provisions and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the part on the grounds for appeal on the grounds for sentencing (elective sentencing) of the Supreme Court’s sentencing guidelines (one year to three years), the basic area (one year to five hundred million won) of the two types (one year to five hundred million won) of the sentencing guidelines set forth by the Supreme Court’s sentencing committee (a person who is subject to special sentencing) is the basic area (one year to three years) of the two types (one year).