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. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The amount of embezzlement resulting from the instant crime is 4,260,000 won in total, and the amount of embezzlement is not specified.

However, the Defendant recognized the instant crime.

The defendant agreed with the victim in the trial, and the defendant has no penalty power exceeding the fine.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by

(An appeal by a prosecutor is without merit and must be dismissed in accordance with Article 364(4) of the Criminal Procedure Act, but the original judgment is reversed, and thus, the dismissal of an appeal is not ordered separately from the disposition of the court below). [The reasons for the judgment of multiple times] Criminal facts and summary of evidence are the same as that of the judgment of the court below, and thus, the summary of facts and evidence recognized by the court is the same as that of the corresponding

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the crime of embezzlement as of July 28, 2014, with the largest penalty);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Embezzlements) (Embezzlements) and Misappropriations; Embezzlements and Misappropriations [Type 1] below KRW 100,000 (Special Convicts] below KRW 100,000; Punishment is not granted; or