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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
To constitute one crime by including several acts of occupational breach of trust, legal interests should be single and identical to the form of crime, and the number of such acts of breach of trust should be deemed a series of acts based on a single criminal intent (see Supreme Court Decisions 97Do1469, Sept. 26, 1997; 2004Do927, Apr. 28, 2004; 2004Do810, Jul. 9, 2004). The act of occupational breach of trust listed in paragraph (1) of the judgment of the court below is a total amount of KRW 10,70,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00).