All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Examining the lower court’s sentence against the Defendant on the basis of various circumstances described in the column of “decision of sentence”, including the favorable circumstances and unfavorable circumstances as set forth below, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as well as the conditions of sentencing specified in Article 51 of the Criminal Act and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, etc., it cannot be deemed that the lower court’s sentence is too heavy or unreasonable because it is deemed that the Defendant was out of the reasonable scope of discretion imposed by the lower court (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the argument of unfair sentencing by the Defendant and the Prosecutor cannot be accepted in entirety.

[The favorable circumstances] The Defendant reflects his mistake in depth and recognized all of the crimes.

The amount of profit actually acquired by the Defendant as a result of the instant crime does not exceed the amount of embezzlement (the victimized company and the Defendant set the Defendant’s debt amount at KRW 387,673,700 due to the instant crime, and considerable of the remaining profit amount seems to have been reverted to I and H, etc.). The Defendant repaid approximately KRW 198,00,000 to the victimized company by transferring the house he had lived in lieu of the partial performance of the obligation to compensate for damages, and the victimized company was partly compensated by the partner company.

The defendant has no history of criminal punishment.

In addition to the wife, the aged two children shall be supported.

Family members appeal against the defendant.

[Unfavorable Conditions] The crime of this case is committed from the damaged company in which the defendant had worked for at least ten years.