The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The instant crime is deemed to prevent the Defendant from committing occupational embezzlement and occupational breach of trust by taking advantage of the victim’s trust, who is the other party to his/her business transaction with the Defendant. It cannot be said that the nature of the crime is good in light of the background, method, and consequence of the crime. The fact that damage has not been recovered for a long time after the crime, which is not suitable after the crime is disadvantageous to the Defendant.

However, in full view of all the circumstances indicated in the records and arguments, including the Defendant’s age, character, environment, occupation, power, means and result of the instant crime, etc., the sentence of the lower court is somewhat heavy, in view of the following: (a) the Defendant committed the instant crime at the time of the trial; (b) the Defendant appears to have been given an opportunity to reflect on the Defendant’s living in custody for a month; (c) the damaged amount of the instant crime cannot be deemed to have been significantly significant; and (d) the victim had made a considerable sales through business transactions with the Defendant during the instant period; and (e) the victim reached the trial at the time of the trial; and (e) the Defendant’s age, character, character

3. Accordingly, 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 well-grounded, and the following is ruled again.

Criminal facts

The summary of the facts charged and the summary of the evidence presented by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Articles 356 and 355(2) of the Criminal Act (the point of occupational breach of trust), 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. Suspension of execution is advantageous to the grounds for reversal under Article 62(1) of the Criminal Act.