The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is a large amount of money that the victim who was in the line of duty had been in charge of trust and management, voluntarily withdrawn the amount of the insurance money that the victim had been in charge of trust and management and used for personal purposes. The amount is KRW 96 million.

After the death of the victim, his children filed a civil lawsuit against the Defendant, and the judgment became final and conclusive on July 2019, and the Defendant did not pay the amount of damage until the judgment of the lower court was rendered on November 2020.

However, the Defendant, from the beginning, showed that all of his mistake itself was recognized and reflected.

The victim seems to have actually inspected the victim's body on behalf of the victim during the period of his/her own illness, and the amount equivalent to the insurance money kept by the defendant was used for the victim.

Prior to the instant case, the Defendant did not have been punished for the same kind of crime or property crime, and there was no particular criminal record except for the case subject to a fine twice even for the same type of crime.

Where a person is sentenced to imprisonment without prison labor or any heavier punishment under the personnel regulations of the company to which the defendant is present and confirmed, the reason for the immediate retirement.

There seems to be relatively clear social ties, such as the defendant's children and spouse who should support, and the family and branch have continued to support the defendant.

In addition, when the defendant was in a trial, he paid the victim's children a total of KRW 160,000,000 to them and expressed his intention not to punish the defendant (which was submitted separately to request the defendant to continue to be in the work). Such circumstances may be considered as favorable to the defendant.

As above, the motive, background, and means of the new sentencing factors and the instant crime.