Defendant

The appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the original judgment (two months of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) paid KRW 1 million to the victims up to the end of December 2014; (c) agreed on the condition that the victims fully repay the amount of damage up to the end of the lower trial; (d) there was no record of punishment for the same crime; and (e) there was no record of having been sentenced to a suspended sentence or heavier punishment.

However, the Defendant’s crime of this case was embezzled by consuming the total sum of KRW 62 million, which the Defendant had been kept for a long time in the position of pro-friendly general manager, for personal purposes, such as repayment of debt, and the nature of the crime is not good, and a significant portion of the amount of damage has not been repaid until now, etc. are disadvantageous to the Defendant.

In this context, the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court Sentencing Committee is from April to April, 1 year, 1 year to April, 200, the Sentencing Group, the 1st category (less than KRW 100 million), the special sponser, the decision-making (basic field), the scope of the recommended sentence (from April to April 14), and other various sentencing conditions such as Defendant’s age, character and behavior, environment, the circumstances before and after the instant crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.