The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (the penalty amounting to KRW 7,00,000) is too unreasonable.

2. Before determining the reasons for ex officio appeal, the record reveals that the Defendant was sentenced to eight months of imprisonment with prison labor by the Daegu District Court on November 16, 2017, and that the above judgment became final and conclusive on November 27, 2017. As such, the crime of breach of trust and the crime of breach of trust in the judgment of the court below, which became final and conclusive, are in the relation of concurrent crimes after Article 37 of the Criminal Act, and are determined as a punishment for the crime in the judgment of the court below in consideration of equity in the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.

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

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence admitted by this court is the first head of the lower judgment, and the “criminal facts” of the lower judgment was sentenced to eight months of imprisonment for breach of trust at the Daegu District Court on November 16, 2017, and the said judgment became final and conclusive on November 27, 2017.

B. “B” and “a summary of evidence” are as indicated in the corresponding column of the judgment of the court below, i.e., the text of the Criminal Procedure Act 369, i.e., the text of the case’s summary information and the text of each written judgment, except for adding B.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires more than 3 years to recover the damage caused by the instant crime.