A defendant shall be punished by imprisonment for six months.

2. The crime of this case, as the representative of the victimized company, has embezzled approximately KRW 499 million by arbitrarily transferring the Defendant’s account from the account of the victimized company’s occupational management to the Defendant’s account. The amount of embezzlement is considerably high.

However, the Defendant asserts that the Defendant returned KRW 278,421,624 from January 5, 2016 to June 30, 2017, via his defense counsel’s written opinion from January 8, 2019 to June 30, 2017, that the Defendant was against the depth of the instant crime, and that the Defendant returned KRW 278,421,624 to the damaged company’s account. Of the details, KRW 6 million transferred from January 5, 2016 to January 15, 2016, excluding the above KRW 6 million, the remainder of KRW 272,421,624,278,6264,6264, -6264, -6264, excluding the above KRW 6 million to the victimized company’s account.

In full view of the fact that the degree of punishment was returned, the fact that the defendant has no record of punishment for the same kind of crime, and other circumstances shown in the records and arguments, such as the defendant's age, character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);