The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. The fact that the amount of damage caused by the instant case exceeds a total of KRW 100 million (in the case of embezzlement, approximately KRW 52 million, and in the case of fraud, KRW 53.5 million) is disadvantageous circumstances.

However, considering the following circumstances: (a) the Defendant is led to a confession made more time in the trial; (b) the Defendant agreed with B, which is a substantial victim in the trial; and (c) the equity in the case of being tried together with a final and conclusive crime of fraud, it is necessary to consider the Defendant’s age, character, conduct, environment, present occupation, motive, means and consequence of the crime; and (c) the circumstances after the crime were committed, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.

[C] The facts constituting an offense and the summary of the evidence recognized by the court, and the summary of the evidence, are as follows: (a) not only changed “1. The Defendant’s partial statement” in the summary of the evidence to “1. The Defendant’s trial statement” but also changed to “1. The Defendant’s trial statement”, and thus, cited it as it is in accordance with Article 369

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347 (1) of the Criminal Act (the point of fraud), and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);