The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one month of imprisonment with prison labor and one year of suspended sentence) is too unreasonable.

2. The crime of this case is deemed to be not suitable for the method of crime, since it was returned by the customer or embezzled funds created by falsely registering the employee after the defendant appropriated excessive expenses.

However, the defendant is against all of the crimes in the trial of the party, and the total amount of embezzlement was restored to the original state by returning approximately KRW 11,510,000,000 to the victim company at the trial of the court below, and approximately KRW 1,151,00,000 of the remaining amount of damage.

The defendant is an initial criminal who has no record of criminal punishment.

In full view of the above circumstances and all of the sentencing conditions shown in the pleadings up to the depth of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【The reasoning of the judgment in its entirety is as follows: (a) the facts constituting an offense and the summary of the evidence recognized by the court in question; and (b) the summary of the evidence as to the facts constituting an offense and the summary thereof are identical to the relevant column, except for the alteration of “1. Part of the Defendant’s original testimony” (No. 13 of the judgment below No. 2 of the judgment below) to “1. Defendant’s original oral statement”; and (c) thus, it is cited in accordance with Article

Application of Statutes

1. Article 356 of the Criminal Act applicable to the crime, Articles 355 (1) and 30 of the Criminal Act, the choice of a fine for the crime, and the selection of a fine for the crime;

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

1. We examine the sentencing of Article 334(1) of the Criminal Procedure Act prior to the reasons for the provisional payment order.