The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The Defendant embezzled approximately KRW 1.0888 billion of the funds of the victimized company by using the business expansion, etc. while operating the victimized company, which is a travel company that is operated with the membership fees regularly paid by customers. In the process of establishing a new stock company, the Defendant paid the capital and the capital increase in the process of establishing a new stock company.

When considering the source and amount of embezzlement, the amount of the most advanced capital and the amount of capital increase, the criminal liability of the defendant is less than that of embezzlement.

However, the Defendant recognized the entire crime of this case and did not repeat the crime of this case; the Defendant returned the full amount of the embezzled money to the victimized company during the past trial; the Defendant appears to have caused the crime of this case in the course of unreasonable expansion of the business; the part of the embezzlement money is used for the purpose or public interest purpose of the victimized company; the time of reflect was used for three months due to the crime of this case; the Defendant appears to have been detained for three months due to the crime of this case; the fact that there was only the past punished by a fine on one occasion due to the crime of this case around 200; the Defendant’s age, sex, environment, circumstances, means and consequence of the crime of this case, and all other sentencing conditions as shown in the records and arguments, such as the records and arguments of this case, are considered as unfair.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The summary of facts constituting a crime and evidence recognized by the core of facts constituting a crime and evidence is the same as the stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;