The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal and the sentencing (a fine of five million won is imposed in the original trial);

2. We examine ex officio determination.

The lower court applied Article 39(1) of the Criminal Act by deeming that the crime of embezzlement of this case was established on June 28, 2018, and that there exists a concurrent relationship between the crime of previous offense and the crime of previous offense at the time of original adjudication, as prescribed in the latter part of Article

However, the judgment on the crime of previous conviction became final and conclusive on May 25, 2018.

Therefore, since the crime of embezzlement of this case was committed after the judgment became final and conclusive, the crime of embezzlement of this case is not established.

Nevertheless, the court below erred by misapprehending Article 39(1) of the Criminal Act and thus, it cannot be maintained as it erred by affecting the conclusion of the judgment.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged as a party member of a summary of criminal facts and evidence are the same as that of each corresponding column of the judgment below, and they are cited as it is in accordance with Article 369 of

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act concerning facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. A person who is under the grounds for sentencing under Article 334 of the Criminal Procedure Act of the order of provisional payment: A person who is subject to mitigation of recidivism, etc. among the period of suspended sentence of imprisonment finalized first: Confession, exemption from punishment