The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The fact that the Defendant embezzled approximately KRW 130 million of the funds of the victim company by receiving so-called rebates, etc. is disadvantageous to the Defendant.

However, when the defendant was in the trial, it is favorable that the defendant recognized the crime of this case and against the mistake, that the defendant expressed his intention that the victim company does not want to punish the defendant in the trial, that the defendant did not receive business expenses from the victim company. In the course of settlement with the victim company, the actual amount of damage may be less than the above KRW 130 million, and that the defendant has no record of punishment for the same kind of crime.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant records and arguments, the lower court’s punishment was too unreasonable as it changed the sentencing conditions in the trial.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where "1. The defendant's partial statement in court" in the summary of evidence is "1. The defendant's oral statement in court" as "1. The defendant's oral statement in the court below's corresponding column."

Application of Statutes

1. The pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts, and Article 62(1) of the Act on the Suspension of Execution of Selection of Imprisonment with Labor and Article 62-2(1) of the Social Service Order Act on the grounds of sentencing under Article 62-1 of the Criminal Act.