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. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. Although the Defendant’s crime of this case is the place of management of “Dcafeteria”, a restaurant operated by the victim C, the Defendant prepared a false store newsletter as if he/she paid the cash received from customers as food costs to January 27, 2013 in cash, including various kinds of food materials necessary for business and electric water supply and gas charges, etc., from around September 1, 2012 to around January 27, 2013, and embezzled the total amount of KRW 28,006,320 by arbitrarily consuming the cash for personal purposes. In light of the method, period, frequency, and amount of embezzlement, etc. of the crime, the Defendant’s liability is very unreasonable, and the Defendant’s mistake is recognized. The Defendant’s awareness of his/her life before and after the crime of this case is divided into three months, and the Defendant’s awareness of his/her character and conduct and punishment should not be provided to the victim’s wife, and the Defendant’s motive and punishment should not be provided to his/her wife.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The judgment of the court below regarding facts constituting an offense and the gist of evidence recognized by this court.