The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. In light of the fact that the defendant deposited KRW 13 million for the recovery of damage, the defendant's mistake is divided into his own fault, the defendant's economic condition is not good, and the support of the defendant was cut off to his family, etc., the sentence (six months of imprisonment) imposed by the court below is too unreasonable.

2. The fact that there is a high possibility of criticism in light of the method of the instant crime and the details of the instant crime, and that the damage suffered by the victim due to each of the instant crimes is disadvantageous to the Defendant

However, it appears that the defendant has divided his mistake into his own, and that he has made considerable efforts to recover damage, such as deposit of KRW 13 million after the judgment of the court below, and the defendant seems to have been given an opportunity to reflect while living a prison life for a maximum of 50 days, and that the defendant has no record of punishment for the same crime is favorable to the defendant.

In addition to these circumstances, the sentence imposed by the court below is too unreasonable in light of the circumstances leading to the instant crime, circumstances after the commission of the crime, age, environment, personality and conduct, family relationship, and other circumstances that are the conditions for sentencing as shown in the records and arguments of the instant case.

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.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356, 355(2), and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and the occupational embezzlement under Articles 356 and 355(1) of the Criminal Act