The judgment of the court below is reversed.

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

1. Summary of grounds for appeal each unfair sentencing (in the original case, ten months of imprisonment, two years of suspended execution, and 160 hours of community service);

2. The circumstances are favorable to the Defendant, such as the following: (a) the Defendant made a single inquiry into the judgment; (b) the Defendant made a confession of the entire crime of embezzlement; (c) the Defendant received a written test from the victim of the fraud; and (d) there was no record of punishment exceeding fines in the past.

However, in light of the circumstances and methods of each of the crimes in this case, and the amount of damages, etc., the amount of punishment imposed by the court below is too unreasonable, taking full account of the following factors: (a) the defendant’s liability for the crime in this case is heavy; and (b) the victim’s test of the embezzlement up to the trial and the fact that it was not proper to recover from damage; and (c) the amount of punishment imposed by the court below was not proper.

Therefore, the prosecutor's argument about sentencing is with merit, and the defendant's argument about sentencing is without merit.

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.

(On the other hand, the defendant's appeal shall be dismissed on the ground that it is well-grounded, but the decision of the court below shall not be separately pronounced in the disposition). [Reasons for the judgment of the court below] The summary of criminal facts and evidence acknowledged by this court is as follows: "1. The defendant's partial statement in court" in the "2019Da3387 case is changed to "1. The defendant's oral statement in court" in the summary of evidence of the court below's judgment, and it is identical to the corresponding column of the court below's judgment. Thus, it shall

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.