The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant does not pay the above fine.

1. The decision of the court below on the summary of the grounds for appeal (the fine of 4.5 million won) is too unreasonable.

2. The crime of occupational embezzlement of this case is a situation favorable to the defendant, where the defendant repeatedly committed the same kind of crime against many victims, and the quality of the crime is not good. However, the defendant's mistake is divided and reflects his own mistake, and the defendant is going not to commit again in the future, and the amount of the victims' damage is relatively small, etc.

In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column 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. Articles 356 and 355 (1) of the Criminal Act ( point of occupational embezzlement) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions as set forth in the above order shall be determined by comprehensively taking account of the following factors.