A defendant shall be punished by imprisonment for one year.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment to delete some facts charged (No. 7 No. 5 of the judgment of the court below) at the trial before the judgment on the grounds for appeal ex officio, and since this court was changed by permitting it, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

【Cause of the Judgment of the court below’s reasoning】 The facts constituting a crime and the summary of the evidence recognized by the court below are identical to each corresponding column of the judgment of the court below, except for deletion or modification of some of the following as stated in the reasoning of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369

▣ 범죄사실 중 ‘총 8회에 걸쳐 합계 63,695,000원을 송금받아 편취하였다.’(원심판결문 제2면 제15행)를 다음과 같이 수정한다.

⇒ 총 7회에 걸쳐 합계 59,000,000원을 송금받아 편취하였다.

▣ 원심판결문 별지 범죄일람표 순번 7번을 삭제하고, 합계란 기재 금액 ‘63,695,000원’을 ‘59,000,000원’으로 수정한다.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the proviso of Article 186(1) of the Criminal Procedure Act, which bears the cost of lawsuit, is that the amount of damage caused by the instant crime is large and bad.

The defendant can have a record of criminal punishment due to embezzlement, etc., and this case is a crime during the period of repeated crime.