The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years, for four years, for 160 hours) of the lower court is too unreasonable;

2. There are extenuating circumstances such as: (a) the Defendant wishes to take the Defendant’s wife against the Defendant by mutual consent with the victim; (b) the Defendant settled a long-term overseas escape life; and (c) the Defendant voluntarily surrenders to the Defendant while returning to Korea; (d) the Defendant has no criminal power; and (e) reflects his or her mistake.

However, the crime of this case is deemed to have embezzled a large amount of KRW 700 million which was collected from customers while working as C branch office of the Plastic C branch of the Victim Co., Ltd., and its nature was very poor. The defendant committed the crime of this case to use it as stock investment price, and there is no circumstance to consider the motive for the crime, such as using most of the embezzled money as stock investment or to repay debts incurred therefrom. The defendant has escaped abroad to avoid criminal punishment, while departing from the Republic of Korea to avoid criminal punishment, and used 130 million out of the embezzled money for the purpose of avoiding criminal punishment. While the defendant agreed with the victim company, it is merely an agreement that the defendant paid KRW 100 million to the victim company within 5 years, and thus, it cannot be deemed that the defendant has received punishment corresponding to that of the escape for 14 years after the crime, considering the motive and circumstances corresponding to the defendant's living in the crime of this case, as a whole, the defendant cannot be deemed to have been punished for the crime of this case.