The judgment of the court below is reversed.

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

1. The sentence of the lower court (two years of imprisonment) is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. Each of the instant crimes in determining the grounds for appeal is that the Defendant, a police official, embezzled 30 million won in cash, a total of 17 months in a year and 8 months, used as stock investment funds, etc., and fabricated electronic records and concealed the records of the case by inputting false facts using the hubs of the criminal justice information system that he/she manages to conceal the embezzlement. This is not only an act disturbing the judicial order, but also an act impairing the public confidence of police officials, and the nature of the crime is not good.

However, in full view of the following: (a) the Defendant first recognized each of the instant crimes as a principal offender and deposited an amount equivalent to the amount of occupational embezzlement; (b) the Defendant faithfully served as a police officer for 21 years; and (c) the Defendant’s age, health status, motive and background of the instant crime, means and consequence of the crime; and (d) various circumstances, including the circumstances after the crime, etc.; and (b) the results of the application of the sentencing guidelines by the Sentencing Commission, the sentence of the lower court is somewhat unreasonable

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. As a whole, Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Article 227-2 of the Criminal Act (the point of entry of public electronic records) and Article 141 of the Criminal Act.