The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The defendant does not pay the above fine.

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s mistake is divided and reflected; and (b) the Defendant has no record of punishment heavier than that of the same kind of crime or fine; and (c) the amount of the embezzled money; (d) the Defendant’s age, character and conduct, intelligence and environment; (e) the relationship with the victim; (e) motive, means and consequence of the crime; and (e) the conditions of the sentencing as shown in the records and arguments, such as the circumstances after the crime, the punishment imposed by the lower

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 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions as set forth in the above order shall be determined by comprehensively taking account of the following factors.