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

2. The Defendant: (a) has embezzled a large amount of money exceeding KRW 150 million by putting his/her hand over to the funds of community credit cooperatives with the desire to meet the loss of stock investment; (b) has acquired money from the victim H, who is an employee of the same staff; (c) has been aware of about KRW 50 million; (d) has been reimbursed for the part of embezzlement with his/her family aid, but has yet to compensate for the damage of the victim H, so it is inevitable to punish the Defendant.

However, the lower court’s punishment seems to be somewhat unreasonable in full view of the following factors: (a) the Defendant has a profoundly against the Defendant’s mistake; (b) there is no history of punishment other than the fine; (c) there is a relatively small amount of money in economic difficult circumstances; (d) the Defendant has additionally repaid in the trial but not only retired from the community credit cooperatives due to the instant case, but also divorced; and (e) other conditions on the sentencing

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of occupational embezzlement: Articles 356 and 355(1) of the Criminal Act.

(b) Fraud: Article 347(1) of the Criminal Act (Overallly, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;