A defendant shall be punished by imprisonment for five years.

2. The judgment is divided by the Defendant’s mistake, the Defendant appears to have contributed to the normalization of victims’ community credit cooperatives around 2004, and there is no record of criminal punishment except for one fine due to drunk driving, the considerable part of the damage appears to have been used by the Defendant for the repayment of interest on the amount illegally used, and the considerable part of the damage amount (including KRW 200 million) has been endeavored to recover the damage, and is favorable to the Defendant.

However, the crime of this case is deemed to be unfair by taking into account the following factors: (a) the general manager of a financial institution, for a long period of about 10 years, using the status in which the Defendant, who is a manager of a financial institution, actually manages the lending business independently; (b) the nature of the crime is significant; (c) the total amount of damage amount is large of KRW 3 billion and most of the damage amount is not recovered; (d) such crime is likely to have a significant negative impact on the national economy by impairing the general trust in the financial system; and (e) the financial foundation of the community credit cooperative is also at risk to the financial foundation of the community credit cooperative; and (e) other factors of sentencing indicated in the argument of this case, such as the Defendant’s age, character, conduct, and environment.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. Therefore, the prosecutor'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 it is again decided as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by this court shall be as stated in the corresponding column of the original judgment.