The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Although the amount embezzled by the Defendant is a considerable amount, when the Defendant was in the first instance, the Defendant paid KRW 20 million to the victim of the crime of embezzlement. The KRW 15 million was fully paid in the division, and the Defendant agreed with the other party F in the crime of uttering of the pertinent investigation document, etc. are favorable to the Defendant.

In full view of these circumstances, character and behavior, intelligence and environment of the defendant, motive, means and consequence of the crime, and the conditions of the sentencing as shown in the records and pleadings, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column 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 Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (generally, the point of occupational embezzlement), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment with labor

1. The latter part of Article 37 and the former part of 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. Article 62 (1) of the Criminal Act (Special Considerations in favor of the defendant in front);