The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

Defendant

The punishment of the court below (six months of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

It is not good to commit a crime such as embezzlement of the principle of trust and trust with himself over a long period of time, and it is disadvantageous that the amount of damage exceeds 6,000 won.

On the other hand, the fact that the defendant recognized his mistake, and that the defendant is the first offender, and the additional 12 million won has been repaid in this court, and a significant damage (total 38 million won) has been recovered, and that there has been an agreement with the victim is a favorable circumstance.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is unreasonable, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is without merit.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows.

(2) Article 364(1) of the Criminal Procedure Act provides that “An appeal filed by a prosecutor shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act; however, as long as an appeal by a defendant is accepted and the original judgment is reversed, no separate appeal shall be pronounced in the order).” The summary of facts constituting an offense and evidence recognized by the court is the same as the corresponding column of the original judgment.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (including the occupation and use of occupational embezzlement), Articles 356 and 355(2) of the Criminal Act (including the occupation and use of occupational embezzlement), Articles 356 and 355(2) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50-1 of the Criminal Act; Article 62(1) of the Suspension of Execution Act;