The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, patent rights are transferred.

1. Summary of grounds for appeal;

A. In relation to the portion of nominal embezzlement, such as advance payment and provisional payment, in which case the sum of KRW 100 million (hereinafter “the instant money”) remitted to AU Co., Ltd. (hereinafter “C”) representative director AU Co., Ltd. (hereinafter “AU”) twice, is a business fee that C shall pay to AU, and thus, it cannot be deemed as occupational embezzlement.

2) The patent technology applied for “AH” under the name of the Defendant in the part of the nominal embezzlement of the patent transfer title (hereinafter “the patent right of this case”) constitutes the Defendant’s occupational invention claimed by the Defendant as a C representative director in the course of performing the pumps-related duties, and the right was vested in the Defendant.

Therefore, the defendant's act of transferring the patent right of this case to C is merely a legitimate exercise of his right and can not be seen as an occupational embezzlement.

B. The sentence of the lower court’s improper sentencing (one year and six months of imprisonment) is too heavy.

2. We examine ex officio prior to the judgment on the above reasons for appeal.

The prosecutor changed "Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)" to "business embezzlement" among the names of the crimes in the indictment in this case for the first time, and applied the law to delete "Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" in relation to the above applicable law, and the court permitted the amendment.

As a result, the defendant's defense counsel in the corresponding part of the judgment of the court below is guilty in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).