The judgment of the court below is reversed.

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

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

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment is too heavy or is deemed unreasonable.

2. The amount of damage caused by the crime of embezzlement of this case reaches KRW 50 million, and the amount of damage is deemed to be significant since the size of the corporation intended to receive the victim due to the crime of breach of trust of this case was about KRW 500 million, but the defendant is in depth divided and reflected in the first offense, the victim wants to take the defendant's wife by agreement with the victim, and all other sentencing conditions shown in the records and arguments of this case are inappropriate.

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.

However, the prosecutor’s assertion of unfair sentencing is without merit, but the decision of the court below is reversed by accepting the defendant’s assertion of unfair sentencing, and thus, it is not stated separately in the disposition). The summary of criminal facts and evidence and summary of evidence are the same as stated in each corresponding column of the judgment of the court below, and thus, they are cited under Article 3

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(1) of the Criminal Act (including the occupation of occupational embezzlement, including the occupation of occupational embezzlement), Articles 356 and 355(2) and (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In the first instance of Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation Orders, the Defendant agreed with the victim on the condition that the amount of damage would be repaid. As such, the application for compensation order of this case is not clear in the scope of the Defendant’s