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

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

2. Although there are circumstances under which the amount of damage caused by the crime of occupational breach of trust in this case is large, and not agreed with the victim, the defendant is in depth against the confession of each of the facts charged in this case, there is no punishment of a fine or heavier, nor the previous punishment, and the defendant renounced his claim for retirement benefits against the victim company, and the defendant was deemed to be unable to receive a considerable amount of retirement compensation, and the defendant has deposited 45 million won in the victim company in the name of the victim company as the repayment of damage to the crime in this case. The crime in this case leads to the fact that the defendant deposits 45 million won in the name of the victim company as the repayment of damage to the crime in this case. In full view of all the circumstances under which the sentencing conditions indicated in the records, such as the defendant's age, character, environment, family relationship, occupation, and circumstances leading to the crime in this case, the sentence imposed by the court below against the defendant is somewhat unreasonable, and the above argument in this case is reasonable.

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 all 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 legal provisions concerning criminal facts, Articles 356, 355(2) of the Criminal Act (the occupation of occupational breach of trust, the choice of imprisonment), Article 231 of the Criminal Act (the occupation of assistance in private documents, the choice of imprisonment), Articles 234 and 231 of the Criminal Act, and the exercise of a falsified investigative document, and imprisonment with prison labor;