The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Defendant, while holding office as the total leader of the Victim E-Trade Union, embezzled KRW 33,017,40,00, which is an amount equivalent to 10% of the ordinary car amount paid from the small and medium wholesalers of the Suhyup Incheon, and embezzled for the victim union. Furthermore, the Defendant committed each of the crimes of this case, which was paid KRW 8,00,00 under the name of the new members, voluntarily consumed and embezzled for the use of KRW 8,00,00. In light of the circumstances and details leading up to the above crime, the method of the crime, etc., the total amount of damage exceeds KRW 41,017,40, and the degree of the Defendant’s participation in the crime is unlimited, and the period and frequency of the crime are not certain, is disadvantageous to the Defendant.

However, considering the fact that the defendant was committed in the trial for the first time, all of the crimes of this case were committed, had the time to reflect on the defendant's life in excess of one month, there was no record of criminal punishment more than the same crime or suspended execution than twice punishment by a fine for double punishment, the victim's association and the victim's association have been smoothly agreed in the trial for the first time, and all of the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, the sentence of the court below against the defendant is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;