The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (a fine of 300,000 won) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, it is reasonable to view that each of the instant occupational embezzlements by the Defendant is a single crime in light of the following: (a) the legal interest on damage is uniform; (b) the form of a single crime is identical; and (c) the type of a single crime is recognized as a series of acts resulting from the realization of a single crime (see, e.g., Supreme Court Decision 2005Do3929, Sept. 28, 2005). In light of the fact that each of the instant occupational embezzlements by the Defendant is identical to the victim; (b) the background, means, and method of the crime are identical; and (c) the date and time of each act is adjacent to each other, it is reasonable to deem that it is a single crime relation.

Nevertheless, the court below held that the defendant's act of occupational embezzlement in this case is a separate crime and treated as concurrent crimes. Thus, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing, and the judgment below is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and evidence admitted by this court is as follows: (a) the summary of the judgment of the court below is the same as the corresponding column of the judgment of the court below in addition to the fact that the "C" in the Dongdaemun-gu Seoul Metropolitan Government Section 1 is "a victim G Co., Ltd. located in Dongdaemun-gu Seoul Metropolitan Government Section B" and the "storage" in Section 4 of the same face is "storage for the victim", and therefore, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;