The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The fact that the defendant embezzleds a little amount, and has committed a crime for more than two years, and that the defendant committed a crime using trust relationship with the victim, etc. is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant’s mistake was divided in the late late court; (b) appears to have been recovered from damage by paying KRW 130 million to the victim; (c) the victim does not want to be punished against the Defendant; (d) the Defendant did not have any record of being punished for the same kind of crime; and (e) there was no record of being sentenced to suspension of qualification or heavier punishment; and (e) the Defendant’s age, sex, criminal conduct, family relationship, motive, and circumstances after the crime, the lower court’s punishment is unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [The grounds for the new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited pursuant to

Application of Statutes

1. Relevant legal provisions, Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, and the choice of imprisonment;

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 suspended execution;