The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable (six months of imprisonment with prison labor). (The defendant and his defense counsel explicitly withdrawn the allegation of mistake on the second trial date of the trial of the first instance court). 2. The crime of this case is deemed to have been embezzled by arbitrarily consuming advance wages, etc. to be paid to the victim while the defendant kept in custody for the victim who was in a partnership relationship with the defendant, and thus, it is not good that the crime of this case is committed in light of the size of the amount of damage (Article 54 million won).

However, when considering various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, relationship with the victim, etc., the court below's punishment is unreasonable, considering the following: (a) the defendant recognized the crime of this case in the first instance and deposited part of the money for the victim in the court below; and (b) the defendant completely agreed with the victim by recovering significant damages in the trial; (c) the crime of this case occurred in the course of coordinating interests surrounding the settlement of the relationship with the victim; (d) there is room to take into account the fact that the crime of this case occurred in the course of coordinating interests surrounding the settlement of the relationship with the victim.

3. As such, the Defendant’s appeal is with merit. As such, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is again decided as follows after pleading (On the other hand, the Prosecutor added the ancillary charges to the Defendant at the trial, but as long as the primary facts charged against the Defendant are found guilty, no judgment is made as to the conjunctive charges is made). [The summary of the facts constituting a crime and the evidence acknowledged by this court in the summary of the evidence of the lower judgment is limited to “the Defendant’s partial statement in court” in the summary of the evidence of the lower court.