The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. In full view of the following facts: (a) the Defendant embezzled funds of the victim for a long time; (b) the Defendant has embezzled funds of the victim; (c) the damage has not been fully recovered until now; and (d) the Defendant has no record of punishment except for the Defendant who has been sentenced to a fine of KRW 300,000 as a result of the crime of violating the Establishment of Homeland Reserve Forces Act since 2005; and (d) other factors of sentencing as indicated in the records and arguments, such as the Defendant’s age, character and conduct, family environment, the amount of the instant embezzlement and the method of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 provisions of the Criminal Act and Articles 356, 355(1) (a), 231 (a) of the Criminal Act, Article 234 and 231 of the Criminal Act, Article 239(1) (a) of the Criminal Act, Article 239(2) and (1) of the Criminal Act, the choice of punishment for criminal facts, the choice of punishment for each alteration of private document, the choice of imprisonment), Article 239(1) of the Criminal Act, Article 239(2) of the Criminal Act, the choice of punishment for each alteration of private document;

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