The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (fine 3,000,000) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant confessions the Defendant; (b) the victim was not punished against the Defendant; and (c) the relationship between embezzlement finalized on November 12, 201 and ex post facto concurrent crimes, equity should be taken into account with the case to be tried together; and (d) the background and extent of damage to the instant crime and other circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) the sentencing conditions specified in the records and arguments, including the circumstances after the crime, are somewhat 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 identical to the facts 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. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;