The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 (six months of imprisonment) is too unreasonable.

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

2. In the instant case, the Defendant embezzled approximately KRW 50 million from the victim during a considerable period of time. In light of the method of crime and the degree of damage, etc., the Defendant’s liability for the crime is not exceptionally applied.

However, the defendant recognized the crime of this case, and reflects the wrongness through a prison life for up to three months.

In the first instance, the defendant agreed with the victim, and the victim does not wish to punish the defendant.

A defendant shall not have any criminal records of the same criminal records or suspended execution.

In full view of the motive and circumstances leading up to the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, etc., and the sentencing reasons indicated in the record, the lower court’s punishment is deemed to be too unreasonable.

Therefore, the appeal by the defendant is well-grounded, and the appeal by the prosecutor is without merit.

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.

(3) Article 369 of the Criminal Procedure Act provides that a prosecutor’s appeal shall not be separately dismissed as long as he/she has accepted the Defendant’s assertion of unreasonable sentencing. [Separately used] Criminal facts and summary of evidence and facts constituting an offense acknowledged by the court and summary of evidence are as stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 335 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the sentencing factors in the previous sentence);

1. Probation and community service order under Article 62-2 (1) of the Criminal Act, probation, etc.;