The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six years.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (six years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Before making a judgment on the grounds for ex officio appeal, the prosecutor, at the first instance court, changed the total acquired amount of the facts charged in the instant case from “1.26 billion won” to “1.232.6 million won” from “1.2 billion won of the facts charged in the instant case,” and filed an application for amendment of an indictment to delete the part of KRW 30 million on September 11, 2015, out of the year No. 12 of the crime list (4), which was 12, which was 30 million of September 11, 2015. Since this court permitted this, the judgment of the court below was no longer maintained.

3. In conclusion, the court below's decision is reversed, and the part of the judgment below excluding the compensation order among the court below's decision pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows through pleading, on the ground that there is a ground for reversal ex officio as above.

[Grounds for the judgment below] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are identical to the facts constituting an offense in the judgment below except for the change of facts constituting an offense in the judgment below as provided in paragraph (2). Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes provided for in the crime of embezzlement on the pretext of the payment of business allowances, the nature of which and the circumstances of which are the largest) of the aggravated concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Each occupational embezzlement [Scope of the recommended punishment] Type 2 (not less than KRW 100,00 but less than KRW 500,00) is the basic area (one year to three years) (a person with special sentencing).