A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

2. The Defendant’s crime of this case was planned by using occupational trust relationship for a considerable period of time, the amount of damage is considerable, and the Defendant acquired and operated the company under the name of the tea, etc. is disadvantageous.

However, when the defendant was found to have committed the crime, the defendant deposited KRW 70 million in the first instance court to recover the damage, and deposited KRW 177,6360,000,000, which is the remaining amount of damage, in the trial of the party, and was the representative of the damaged company.

The F voluntarily used most of the sale price in lots, and the Defendant borrowed money from the branch because it is difficult to raise the operating expenses of the company, it appears that the financial difficulty of the damaged company is due to F, and the F knew that the Defendant would pay the introduction fee, and the part used for this purpose seems to be reasonable.

In addition, in full view of all the sentencing conditions, including the defendant's age, sex, environment, background leading up to the crime, means and result, scale of the crime, and circumstances after the crime, it is judged that the sentence imposed by the court below is unfair.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as stated in the corresponding column of the judgment below, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the observation of protection;