2. Defendant shall be punished by a fine of KRW 3,000,000.

3. The above fine shall be imposed on the defendant.

A. The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, where the Defendant committed the instant crime even though he/she had the record of punishment for the same criminal act, and the amount of damage was about about KRW 19 million, and the amount was not considerable.

However, the Defendant recognized the instant crime and went against the mistake, and the Defendant agreed with the victim on March 11, 2014, on the condition that the Defendant settled KRW 1,969,000 each month while serving in C, a victim company, and the Defendant was in office in the above company from March 6, 2014 to March 6, 2014, the application of the sentencing guidelines by the sentencing committee of the Supreme Court [the scope of recommendations for fraud less than KRW 100,00: (i) the period of imprisonment: (ii) the period of punishment is between January and one year, and (iii) the case where the penalty was not paid or considerable damage was recovered as a special person (iii)], and other various circumstances, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant'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 the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;