The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of this case is committed by the Defendant on behalf of the victim, taking into account the following circumstances: (a) the Defendant’s embezzlement of the amount of the second class purchase for the victim; (b) the amount of damage is the maximum amount exceeding KRW 10 million; (c) the Defendant did not agree with the victim; and (d) the Defendant did not endeavor to recover damage; and (b) the Defendant did not endeavor to recover damage; (c) the Defendant’s mistake is against his/her own mistake; and (d) the Defendant’s health is not good, taking into account the circumstances favorable to the Defendant; and (e) the Defendant’s age, character and conduct, motive, means, and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable to be deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.