The defendant's appeal is dismissed.

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

2. The judgment defendant has no record of being punished beyond the same crime or fine.

However, the crime of this case continued for about one year, and even though the sum of the embezzlement amount is about KRW 176 million, the damage was not recovered until the case is over time, and there seems to be little possibility of recovery in the future.

The Defendant funded the amount of embezzlement with Internet gambling funds, entertainment expenses, etc.

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., various sentencing conditions as shown in the argument of the instant case, and the scope of the recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (one year to three years), etc., the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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. It is so decided as per Disposition.