The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. The judgment of the court below is inappropriate in light of all the sentencing conditions, including the following: (a) the Defendant’s arbitrary disposal of the goods provided as security for transfer to the victim bank was prejudicial to the victim’s trust in the transaction; (b) the nature of the crime is not good but there was no substantial damage recovery and agreement with the victim; (c) the confession and reflection of the instant crime was committed; (d) the Defendant had no criminal record in the same kind; and (e) the Defendant spent the money earned from the instant crime with employees’ benefits or corporate operating funds; and (e) the Defendant appears to have not used for personal interests; and (b) the Defendant’s age, character and conduct, environment, and circumstances after the crime.

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

However, as seen earlier, the prosecutor’s assertion of unfair sentencing is without merit, but the decision of the court below is accepted and reversed, and thus, the decision of the court below is not stated separately in the text). Criminal facts and summary of evidence and the summary of evidence are as stated in the separate column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances by examining the reasons for reversal in the front);