The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. According to the evidence of the list of crimes (hereinafter “the list of crimes”), the lower court’s judgment on the facts charged in the instant case is clear that “the F Bank N account in the name of C” and “the F Bank N Account on February 18, 2016” and “the F Bank N Account on June 10, 2016,” in the column of “the custody account” No. 3 of the list of crimes in the table of crimes (hereinafter “the list of crimes”).

The Court found the Defendant guilty of the parts Nos. 1, 2, 4, 8, and 10, and found the Defendant not guilty of the part Nos. 3 and 9, which are related to the blanket crime.

On the other hand, the defendant filed an appeal against the guilty part, and the prosecutor filed an appeal only against the acquittal part of the reason for occupational embezzlement listed in No. 3 of the List of Offenses Act, and did not appeal against the acquittal part of the reason for occupational embezzlement listed in No. 9 of the List of Offenses Act.

Thus, since each act of occupational embezzlement listed in the crime sight table is an all-inclusive crime, the entire judgment of the court below was judged in accordance with the principle of no appeal. However, although the prosecutor did not appeal, the part on acquittal of the reason for occupational embezzlement listed in No. 9 of the crime sight table No. 9 was already excluded from the object of attack and defense between the parties and was actually excluded from the object of trial.

Therefore, the conclusion of the judgment below is followed with respect to the acquittal of the reasons for occupational embezzlement No. 9 in the crime sight table No. 9.

2. Summary of grounds for appeal;

A. Defendant: The lower court’s imprisonment (six months of imprisonment) is too unreasonable.

B. Public prosecutor: 1) mistake of facts and mistake of facts (the point of occupational embezzlement listed in No. 3 of the list of crimes) by the Defendant, on June 10, 2016, arbitrarily withdrawn from the account under C’s name and used for personal purposes (hereinafter “instant KRW 5 million”).

R Co., Ltd. (hereinafter referred to as “R”)

The money contributed to C on June 10, 2016 is the money.