The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

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

2. The judgment is a favorable condition that the defendant has no record of being punished as a crime of the same kind, and that he has no record of being punished as a suspended sentence or more.

In light of the unfavorable circumstances such as the Defendant’s embezzlement of membership fees kept by the Defendant as a general secretary of a friendship group among his or her private villages, the embezzlement amount is not specified as KRW 17 million, the Defendant escaped, and the Defendant did not agree with the victims, and the damage was not recovered, and all kinds of sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, environment, circumstances and consequence of the instant crime, etc., the sentence imposed by the lower court is deemed unfair, and thus, the prosecutor’s assertion is reasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;