The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

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

2. The fact that the victim company’s damage totaled to KRW 160 million is an unfavorable circumstance to the defendant.

However, if the defendant did not have any history of punishment for the same crime, the defendant agreed with AD in the first instance court, and deposited a total of KRW 13 million for the victim company, such as additional deposit of KRW 10 million for the victim company, and other circumstances shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, are taken into account, the court below's punishment is too unreasonable, and the defendant's argument is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356, 355(1) (the point of occupational embezzlement), 356, and 355(2) of the Criminal Act (the point of occupational breach of trust), Article 347(1) of the Criminal Act (the point of fraud) and each choice of imprisonment with prison labor;

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