The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by a fine of three million won.

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendants (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. Defendant C embezzled KRW 27,945,930 in total on five occasions by requiring a transportation company in collusion with Defendant A and B to claim a transport cost higher than the actual transport cost to the victimized company, while engaging in the business of executing the funds of the victimized company. In light of the method of crime and the amount of embezzlement, the nature of the crime is not easy.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.

The part in which the Defendant was directly involved is the sum of KRW 9,944,30 as stated in [Attachment 3 and 4] Nos. 3 and 4 of the judgment of the court below, and if the Defendant did not follow the direction of the general manager of the domestic affairs of the victimized Company A who is a superior, he/she is likely to receive unfair treatment. The Defendant did not have profit from this crime.

A deposited an amount equivalent to the amount of embezzlement for the victimized company in the original trial to recover the damage, and the defendant also deposited 3.8 million won for the victimized company in the first instance trial.

The defendant is an elementary offender who has no record of criminal punishment.

In full view of such circumstances and other circumstances as the defendant's age, sex, family relation, circumstances of the crime, means, and result, all the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

B. Defendant D, while working as the director of the division of the victimized company from May 1, 2005 to June 24, 2016, the director of the division of the victimized company, should not form an inappropriate interest with the victimized company. However, there is a duty to not form an unfair interest with the victimized company, and the victimized company’s customer should enter into a contract with the victimized company.