The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and eight months.

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant is working as an employee of C Cooperatives (hereinafter “C Cooperatives”), planned embezzlement of the amount of money between customers and C Cooperatives for a considerable period of time, and committed fraud by using computers, etc., the nature of the crime is inferior, and the total amount of damage exceeds KRW 500 million, etc.

However, considering the fact that the defendant reflects his mistake, that the defendant is the first offender who has no criminal power, that the defendant paid approximately KRW 16 million to the victim C Association, and that the defendant paid additional KRW 10 million in the trial (the defendant asserts that on December 3, 2018, he paid KRW 150 million to the C Association from the AD account to the C Association, but this part of the claim is without merit since it is not related to the crime of this case). The defendant's family and branch members want the defendant's preference, considering the circumstances favorable to the defendant, and considering the sentencing conditions stated in the records, such as the defendant's age, character, environment, circumstances of the crime, and circumstances after the crime, it seems that the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following decision is rendered again.

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

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347-2 of the Criminal Act (the point of fraud by using computers, etc.), and the choice of imprisonment for each of the types of punishment;

1. The Criminal Act among concurrent crimes.