The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The Defendant’s judgment on the assertion of unfair sentencing by taking advantage of the position of the head of the business division in charge of receiving wood payments, committed continuous and repeated crimes for about four years with the victim’s trust in the course of performing his duties, and the sum of embezzled amounts exceeds 190 million won, etc. However, it is disadvantageously unfavorable circumstances such as: (a) the Defendant fully acknowledged the Defendant’s crime; (b) the Defendant reflects in depth the Defendant’s mistake by living under confinement for two months; (c) the Defendant deposited 60 million won at the lower court for the victim; (d) deposited 67 million won in the lower court for the victim; and (e) deposited 97 million won in the first instance court for the victim; (e) made efforts to recover damage, such as a set-off agreement with the victim; (e) the victim was the Defendant’s wife; and (e) the Defendant did not have a criminal record other than a single fine for negligence; and (e) the Defendant’s favorable circumstances such as age, character and health, home environment, how to commit the criminal act, and circumstances before and oral circumstances (i).

2. In conclusion, the part of the judgment below excluding the rejection part of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);