The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The amount of damage caused by the instant crime is heavy, and the victim is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

The defendant recognized his mistake and is in profoundly against himself.

The defendant is deemed to have committed the crime of this case due to the managerial difficulties of his company, and the circumstances leading to the crime are considered.

In the first instance, the defendant does not want the punishment of the defendant by mutual consent between the defendant and the Vienna Capital Co., Ltd. and the Korean National Bank Co., Ltd. among the victims.

There is no history of punishment exceeding the same criminal record and fine.

In addition, if a comprehensive consideration of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc. is given, the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.

3. As such, the Defendant’s appeal is with merit, and the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the judgment is rendered again through pleading as follows ( long as the lower judgment was accepted by the Defendant’s appeal and the lower judgment was reversed, the Prosecutor’s appeal is not dismissed separately). The facts constituting an offense and the summary of evidence and the summary of evidence are as indicated in each corresponding column of the lower judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 (1) of the Criminal Act (the point of embezzlement, the choice of imprisonment), Article 355 (2) and Article 355 (1) of the Criminal Act (the voluntary point of charge and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;