The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In the case of 24 plastic-type gold-type machines as indicated in the judgment of the court below, the court below erred by misunderstanding the fact that the defendant applied the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) to the amount of profit of 51,00,000 won and less than 5 billion won to the defendant, and by erroneously applying the law, which affected the conclusion of the judgment by erroneously applying the law.

B. The sentence imposed by the lower court (two years of imprisonment with labor and three years of suspended sentence) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the public prosecutor ex officio changed the "Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)" to the "occupational Embezzlement" among the names of the crimes in this law, deleted the "Article 3 (1) 2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes ("the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes" in the applicable provisions of the law, and changed the "24 gold-type machines (the market price of which is equivalent to 751,000 won) to the "on the cargo vehicle" in the facts charged. Since this court changed to the "on the cargo vehicle", the judgment below was no longer maintained.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the facts of the defendant, misunderstanding of legal principles, and the assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment below is reversed, and the

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are facts constituting the crime, and the summary of the evidence is the market value of 24-type plastic withdrawal machine as stated in the judgment of the court below.