The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The crime of this case was committed by an employee of a financial institution to use large amounts of money and change customer information to prevent the occurrence of a crime by taking advantage of his position, and the nature of the crime is not very good. However, in full view of the circumstances unfavorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that the defendant deposits KRW 20 million in the court below for the victim, and KRW 100 million in the court below for the victim, efforts to recover damage by deposit in the court below, the circumstances favorable to the defendant, such as the compensation of damage arising from the fidelity guarantee insurance, and other various sentencing conditions such as the defendant's age, environment, and motive for the crime of this case, the punishment of the court below seems unfair

Therefore, the defendant's argument is justified.

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 with merit, and it is again decided as follows.

【Judgment to be used again] The summary of facts constituting a crime and evidence is identical to the description of each corresponding column of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356, 355(1) (the point of occupational embezzlement) of the Criminal Act, Article 231 of the Criminal Act (the point of the same Article as private documents), Articles 234 and 231 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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