All the judgment of the court below except for the application for compensation order of the first instance judgment shall be reversed.

Defendant shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. The punishment determined by the judgment of the court below (the first judgment of the court below: imprisonment with prison labor for six months and the second judgment of the court of the court below: fine of three million won) is too unreasonable.

B. The sentence sentenced by the second original judgment of the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the defendant appealed against each judgment of the court below, and the prosecutor appealed against each of the judgment of the court below, and this court decided to concurrently examine the above two appeals cases.

Each crime of the first and second original judgments against the accused is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be pronounced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

3. The judgment of the court below on the ground of ex officio reversal as seen above is reversed all the judgment of the court below except the part on the application for a compensation order by the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the following are

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding parts of the judgment of the court below, and thus, they are quoted 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 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a type of goods classified by the House Center's consortium at the Belgium area when the defendant served as a delivery article for home-based delivery, and the total market price of 40 million won shall be deducted.