All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor (the judgment of the first instance court), the court below found the defendant guilty of some charges, and there is an error of law by mistake of facts.

B. (1) The court below erred in the misunderstanding of facts (as to the judgment of the court of first instance) since the amount that the defendant embezzled was received as the payment of the defendant's salary, the payment of the loan to the victims, and the payment of the substitute payment for the victims, it did not constitute embezzlement.

(2) On the judgment of the lower court on the judgment of unfair sentencing (with regard to the judgment of the lower court), each of the punishments (two years of imprisonment and six months of imprisonment) of the judgment of the lower court is too unreasonable.

2. Determination

A. As to the judgment of the court of first instance on the judgment of the court of first instance, the prosecutor applied for the change of indictment with the contents of withdrawing the facts charged by the court of first instance, and this court permitted it, and the crime of the court of first instance and the crime of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act. As seen earlier, the court of first instance selected the same kind of punishment with regard to each of the above crimes, and thus, the judgment of the court of first instance cannot be maintained any more in this respect.

B. The judgment of the court of first instance on the Defendant’s assertion of mistake of fact that the Defendant’s assertion of mistake of fact was still subject to a trial of this court within the scope of the modified facts charged, which is determined as follows.

(The prosecutor's assertion of misunderstanding of facts was withdrawn from the charges subject to the judgment due to changes in indictment in the trial as seen above, and it is not judged separately). According to the evidence duly adopted and examined by the court below, the defendant is the victim.