All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

Each punishment sentenced by the court below (the first judgment: imprisonment with prison labor for a year and two months, and the second judgment: imprisonment with prison labor for a period of six months) is too unreasonable.

Judgment

Before the judgment on the grounds for appeal, the court of first instance and the court of second instance decided to jointly examine each appeal case against the defendant. The first and the second judgment are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, which are related to concurrent crimes in accordance with Article 38(1) of the Criminal Act, and shall simultaneously be sentenced to a single punishment within the scope of the term of punishment increased by concurrent crimes. In this regard, the first and second judgment cannot be maintained.

Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 356, 355(1) of the Criminal Act (the point of occupational embezzlement), Articles 356 and 355(2) of the Criminal Act, Article 347(1) of the Criminal Act (the point of occupational breach of trust), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of forgery or alteration of private documents), Articles 234 of the Criminal Act, and Article 231 of the Criminal Act, each option of imprisonment;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the fact that the defendant has been punished for the same kind of crime, the nature of the crime is not good in light of the frequency and method of the crime, and the crime of occupational embezzlement and breach of trust has been committed for a long time, and the damage has been committed in whole.