1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That this judgment has become final and conclusive.

1. The punishment (the first instance court: two years of imprisonment, the suspended execution of three years and the second instance: imprisonment of one year and six months) imposed on the accused by the second instance of the summary of the grounds for appeal is too unreasonable;

2. We examine the Defendant’s grounds of appeal ex officio before determining the grounds of appeal.

The Defendant received a separate sentence of the first and second original judgment and filed an appeal against each of the original judgment. This court decided to consolidate and examine each of the above appellate cases. The above judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be pronounced pursuant to Article 38(1) of the Criminal Act. As such, the first and second original judgment against the Defendant cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of appeal, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Articles 356 and 355 (2) of the Criminal Act (the point of occupational breach of trust and the choice of imprisonment), inclusive, for the relevant criminal facts and the choice of punishment;

2. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) to the punishment heavier than the punishment);

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 62(1) of the Criminal Act of the suspended execution is below.