The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

1) While recognizing the criminal facts identical to the facts charged in the instant indictment, the lower court rendered a judgment of inconsistency with the reasons and inconsistency with the reasoning by attaching a list of crimes with other contents not relating to the embezzlement of the Defendant, which is not related to the embezzlement of the Defendant attached to the instant indictment, in the criminal facts as indicated in the judgment of the lower court.

Therefore, the judgment of the court below can no longer be maintained.

2) On the other hand, the prosecutor applied for the amendment of a bill of amendment to the indictment with the phrase “1,716,116 won out of the above money” as “ around September 2014,” “1,93,779 won” and “291,435 won out of the above money,” and “291,435 won,” respectively, to “1,716,116 won out of the above money,” from among the facts charged in the instant case by the court, since this part of the judgment was modified by this Court, the judgment of the court below was no longer maintained in this respect.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Punishment of the crime

From July 1, 2010 to December 31, 2014, the Defendant, as a member of the Korea Coast Guard Co., Ltd., Ltd., engaged in the business management of the victim of alcoholic beverages, who is located in the area of peace 165 and 1st, Nam-gu, Busan, Busan, and engaged in the business of delivering alcoholic beverages and receiving bills from the said company.

around September 2014, the Defendant collected KRW 5,358,784 from the main point of “C,” located in Jinnam-si, a customer of the victim, and was in custody for the victim. At that time, the Defendant arbitrarily consumed KRW 1,716,116 out of the above money for his/her daily life, entertainment expenses, etc.

The defendant.