The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Each of the crimes of this case is an unfavorable circumstance to the Defendant, where the Defendant embezzled the victim’s B’s property and acquired the victim’s D and I’s property, and the total amount of damages is up to the amount equivalent to KRW 69 million.

However, the court below's punishment is unreasonable in light of various circumstances that are favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., where the defendant extended KRW 30 million in the name of the victim B, used KRW 24 million as the purchase price for 16 tons of the victim B, and repaid KRW 16,648,575 of the above principal and interest of loan of KRW 39,677,496, and agreed with the victim D, I, and the fact that there is a family member to support the defendant, etc. in the court below.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);