Defendant shall be punished by imprisonment for a term of one year and two months.

A. The sentence of each of the defendants (the first and second instances of punishment: 10 months of imprisonment) is too unreasonable.

B. The sentence of the second instance court’s sentence (the second instance judgment) is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first and second original judgments were sentenced to each of the defendants, and the defendant filed an appeal against the first and second original judgments, and the prosecutor filed an appeal against the second original judgment.

This Court decided to hold a joint hearing of the first instance court and the second instance court's case.

Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.

3. As the judgment of the court of first and second trials on the grounds of the above ex officio reversal, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining each of the above grounds for rejection of unfair sentencing by the defendant and the prosecutor, and the following judgment is rendered

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 355(2) and (1) of the Criminal Act, Articles 355(2) and (1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, the choice of imprisonment for a crime

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: One month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

A. The basic area of the crime No. 1 (Misappropriation) [Determination of the type of Misappropriation] and the crime of embezzlement and breach of trust [Type No. 2], the amount of more than KRW 100 million, and less than KRW 500 million [Special Convicts] [the scope of recommending area and the scope of recommending punishment];