The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Prior to the judgment on the grounds of appeal, it is reasonable to view that each of the instant occupational embezzlements by the Defendant is a single crime in light of the following: (a) the legal interest on damage is uniform; (b) the form of a single crime is identical; and (c) the type of a single crime is recognized as a series of acts resulting from the realization of a single crime (see, e.g., Supreme Court Decision 2005Do3929, Sept. 28, 2005). In light of the fact that each of the instant occupational embezzlements by the Defendant is identical to the victim; (b) the background, means, and method of the crime are identical; and (c) the date and time of each act is adjacent to each other, it is reasonable to deem that it is a single crime relation.

Nevertheless, the court below held that the defendant's act of occupational embezzlement in this case is a separate crime and treated as concurrent crimes. Thus, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing, and the part of the court below's judgment excluding compensation order is reversed, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. The circumstances favorable to the defendant, such as the relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act concerning the selection of criminal facts and the fact that the defendant mistakenly recognized the error of sentencing, and that the defendant is the first offender who has no criminal power, etc., and that the defendant is favorable to the defendant.