The judgment of the court below is reversed.

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

1. The gist of the grounds for appeal was that the Defendant transferred the ginseng dry field to the victim of at least KRW 500,000,000 to the victim.

In light of this, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. Before making a judgment on the grounds for appeal ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of two years on July 20, 2018 by the Suwon District Court for a crime of evading compulsory execution. The Defendant appealed and withdraw an appeal, and the said judgment became final and conclusive on March 26, 2019.

According to the decision of the court below, the crime of embezzlement against the defendant is in the relation of evasion of compulsory execution against which the judgment became final and the latter part of Article 37 of the Criminal Act, and the crime of embezzlement is concurrent crimes under Article 39(1) of the Criminal Act, and the punishment for embezzlement may be determined in consideration of equity in the case where the judgment is rendered at the same time, and

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied reasoning of the judgment below] The summary of the facts constituting a crime and evidence recognized by the court below and the summary of the evidence are as stated in the corresponding column of the judgment below, except for adding "the defendant was sentenced to two years of imprisonment with prison labor for six months at Suwon District Court on July 20, 2018 and the above judgment became final and conclusive on March 26, 2019" to the first head of the facts constituting a crime of the judgment below, and thus, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The grounds for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act are as follows.