The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;

2. The instant crime was committed by the Defendant with money of the Victim F Co., Ltd. (hereinafter “victim”) in excess of KRW 500,000,000, and embezzled money under the pretext of false employee benefits. The Defendant’s act is disadvantageous to the Defendant in light of the amount of damage, period of the crime, method of the crime, etc.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, there is no means to punish the defendant in addition to a fine on one occasion due to drunk driving, the damaged company at the time of the crime of this case was one of the defendant, the defendant would have assisted the management of the victimized company by extending the term of credit guarantee after transferring the stocks and management rights of the victimized company to K, and by guaranteeing the liabilities to the Korea Technology Credit Guarantee Fund, and the defendant submitted a written agreement to the effect that he would not want the punishment of the defendant in the side of the victimized company by an agreement with the victimized company in the first instance.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, all the sentencing conditions shown in the records, such as the circumstances after the crime, and the scope of recommending punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case (one year to six years of imprisonment), shall be punished by imprisonment for not less than one year and six months to three years (the amount of five billion won or more, the amount of five billion won) (the amount of special imprisonment): positive factors in the suspension period of execution [the main reasons for the suspension of execution] : There is no substantial one company or family company, non-permanent penalty [the general reason for the suspension of execution]: There is no positive reason for the suspension of execution. In full view of the higher share ratio of the victimized company, there is no significant change in the sentencing conditions in the trial.