2. As the vice head of a bank based on high trust, the Defendant, in violation of his duties, committed each of the crimes of breach of trust and defraudation of this case, and thereby, committed the crime is not good.

Although the total amount of damage caused by the breach of trust of this case was about KRW 160 million, and the amount of fraud was about KRW 220 million and the amount of damage was about KRW 50 million out of the amount of damage in breach of trust, and approximately KRW 20 million out of the amount of damage in breach of trust has not been recovered, and the remaining damage was not recovered.

In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all the sentencing conditions indicated in the instant case’s records and the theory of changes, even if considering the circumstances favorable to the Defendant, such as the fact that the Defendant initially recognized his mistake as a primary offender, and that some damage was recovered as above, the lower court’s sentencing, which is within the scope of the recommended sentencing sentence of the Supreme Court’s sentencing committee, is too excessive beyond the reasonable scope of discretion, cannot be deemed unfair.

Part 1 Crimes (Fraud) : From one year to six years of imprisonment [the area of general fraud (the area of at least KRW 100 million, the area of below KRW 500 million), the area of aggravation of punishment (two years to six years), and the special sentencing person: the case where the method of number of crimes is very poor: Provided, That as a result of the combination of concurrent crimes in the same kind of crimes increases in one step, the minimum sentence in the aggravated area shall be mitigated to 1/3] 2 Crimes (Embezzlement and Misappropriation of trust) : 2 years to 5 years [the area of aggravation of punishment in two types (the amount of KRW 100 to below KRW 500), the area of special sentencing: the area of aggravation of punishment in accordance with the number of crimes: the case where the law of punishment is very poor]. The scope of final punishment according to the aggravated punishment by multiple crimes: two years to 6 months.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.