The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal asserts that the punishment sentenced by the court below (two years of suspended sentence in eight months of imprisonment) is too unreasonable.

2. The crime of this case is recognized that the Defendant, appointed as a custodian as an existing operator of the rehabilitation company, disposes of approximately KRW 11,127 million of the assets of the rehabilitation company over several occasions by violating the official duties specified in the decision on commencing the rehabilitation procedure, and embezzled KRW 34 million without permission of the court, thereby impairing the fairness and trust in the corporate rehabilitation procedure, impairing the normal operation of the corporate rehabilitation system, and causing substantial damages to the case, and thus, the case is not somewhat weak.

However, considering the following circumstances: (a) the Defendant recognized the instant crime; (b) most of the money paid by the Defendant was paid to F as debt repayment to F, a creditor of the rehabilitation company; and (c) the remainder was paid in relation to the management of the rehabilitation company; (b) the Defendant renounced his claim for provisional payment to the rehabilitation company; and (c) the Defendant appears to have been recovered from most damages by giving up his claim for provisional payment to the rehabilitation company; and (d) there was no record of punishment exceeding the fine so far; and (b) the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the crime; and (c) other circumstances that are conditions for the instant argument and the sentencing specified in the record, it is deemed unfair

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 648 of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense;