The defendant's appeal is dismissed.

The sentence of the court below (six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The normal conditions favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, against the mistake, etc.

However, the crime of this case is deemed to have been committed by the defendant while working as an employee at a mobile phone agency eight times and consumed a total of 3.4 million won by arbitrarily disposing of the mobile phone, in light of the circumstances and frequency of the crime, and the amount of embezzlement, etc., the crime of this case is heavy; the defendant does not make any effort to recover the victim's damage; the defendant committed the crime of this case at once without being aware of the fact that he had already been under the period of suspension of execution; the crime of this case is committed at once without being aware of the fact that the defendant had already been under the period of suspension of execution; in our criminal litigation law taking the trial-oriented principle and the principle of directness, there is no change in the conditions of sentencing as to the determination of sentencing in comparison with the first instance court and the first instance court does not change in the conditions of sentencing and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "application of Acts and subordinate statutes" of the judgment of the court below is "Article 356 (1) of the Criminal Procedure Act."