The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Each of the instant crimes committed by the Defendant, in collusion with multiple persons, embezzled the victim’s property on a total of 200 occasions in violation of his/her duties, and thus, the total amount of damages is not less than KRW 110 million, and the victim’s punishment is disadvantageous to the Defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate in light of the following circumstances: (a) the part of the damage amount was recovered by the accomplice, and the part of the remaining damage amount was expected to be paid to the victim in Seoul Guarantee Insurance Co., Ltd. which concluded the contract of fidelity guarantee with the victim and the defendant; (b) the defendant did not have any history of punishment for the same kind of crime; and (c) the fact that

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Articles 356, 355 (1), and 30 of the Criminal Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

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