The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal appealed from the lower court’s punishment (a prison term of six months and additional collection) so far as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment so unfased so that the Defendant was unreasonable.

2. Each of the instant crimes committed on the market is an unfavorable circumstance where the Defendant, as an apartment management warden, embezzled apartment funds for several years, and received money from the maintenance and repair companies of apartments on several occasions in exchange for an unlawful solicitation, and the crime is not good in light of the status of the Defendant, the method and frequency of the crime, the frequency of the crime, the period of the crime, the amount of embezzlement, and the amount of money received in breach of trust

However, the fact that the defendant seems to have violated his/her depth through detention for a period of about 2 months is favorable, such as that he/she deposited the full amount of the embezzlement money on the side of the representative council of apartment occupants, that he/she was punished once due to the crime of escape from compulsory execution before about 35 years, and that he/she has no special criminal record.

In addition, considering the various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, health status, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 356, 355 of the Criminal Act for the choice of punishment (including the point of occupational embezzlement, including the point of occupational embezzlement), Articles 356, 355, and 30 of the Criminal Act (including the point of occupational embezzlement), Article 347(1) of the Criminal Act (including the point of fraud), Article 357(1) of the Criminal Act (the point of fraud) of each Criminal Act, Article 357(1) of the Criminal Act, and Article 357(1) of the Criminal Act.