The judgment of the court below is reversed.

Defendants shall be punished by imprisonment with prison labor for one and half years.

1. The main point of the grounds for appeal is that each sentence of the lower court (three years of imprisonment in case of Defendant A and two years of imprisonment in case of Defendant B) against the Defendants is too unreasonable.

2. Prior to the judgment on the above grounds for appeal against the Defendants ex officio, the prosecutor applied to the court for the modification of a bill of amendment to the indictment with the content of withdrawing the portion of the crime attached to the judgment of the court below among the facts charged as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement) against the Defendants in this court, and the prosecutor applied to the court for the modification of the indictment with respect to the defendants' withdrawal of the charges attached to the crime Nos. 1, 2 through 11, 15 through 17, 21, 22, 22, 25 through 28, 30, 32, 39, 42, 45, 48 (total of 76,748,289 won).

[Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) to Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act, and the court below has imposed a single sentence. In this regard, the part against Defendant A in the judgment of the court below should be reversed together with a single sentence.

Criminal facts

The summary of the facts charged and the evidence admitted by the court as to the instant case is as follows: “The defendants conspired to commit the facts charged in the instant case and embezzled 631,162,10 won at the market price owned by the victim company for 16 days in total from June 8, 2012 through 50 times in attached Table 1, 12 through 14, 18 through 20, 23, 24, 29, 31, 33 through 38, 40, 41, 43, 444, 46, 47, 49 through 75 of the facts charged in the lower judgment.”