The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment is the amount that the defendant acquired as a result of the instant crime exceeds 400 million won.

The defendant used the company's business information that he/she works for committing the crime, and even put up a new company in the course of committing the crime, and the nature of the crime is not good.

This is disadvantageous to the defendant.

However, the Defendant recognized the crime of this case for the first time, and is against the law.

Before the trial, the Defendant paid 1375 million won to the victim company, and agreed with the victim company only on the condition that additional repayment of 30 million won was made.

The defendant is an initial criminal who has no criminal history.

This is the circumstances favorable to the defendant.

In full view of such circumstances and the various circumstances, including the Defendant’s age, environment, sexual conduct, motive for the crime, and the circumstances before and after the crime committed, the lower court’s punishment is somewhat inappropriate, and thus, is somewhat inappropriate. In so doing, the lower court’s punishment is somewhat inappropriate. In so doing, it is deemed that the lower court’s punishment 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, and the judgment below is ruled again after pleading as follows.

【Grounds for the judgment to be used again] Criminal facts and summary of the evidence admitted by the court and summary of the evidence are as stated in the corresponding column of the judgment of the court below, except in the case where “1. Defendant’s partial statement” is deemed to be “1. Defendant’s oral statement” among the summary of the evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 356 of the Criminal Act applicable to the crime and Article 356 of the choice of punishment.